1 wp1302.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1302 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mrs. Manjusha Nayan, Advocate for the petitioners. CORAM : B.P. DHARMADHIKARI, J. DATE : 25th APRIL, 2011 In view of the note in the Petition, learned counsel seeks leave to delete the respondent nos. 2 to 14. Leave granted at the risk of petitioner. Necessary deletion be carried out forthwith. 2. According to petitioner, the respondent nos.1, 15 and 16 are the only contesting parties and they are served. 3. This Court has on 21.02.2011 issued notice for final disposal and stayed further proceedings in Civil Suit. Docket shows that the respondent nos. 1, 15 and 16 are served. 2 wp1302.11 4. Suit is for removal of encroachment. Application for appointment of Court Commissioner moved by the petitioners-plaintiffs has been rejected by the trial Court after observing that there is no ambiguity in the plaint and boundaries of the suit land. 5. The law on the point well settled by this Court in the judgment reported at "2003(Supp.2) Bom. C.R. 329"- Kisanlal Maniklal Rathi V/s Dinkar Yashwant Patil. The ambiguity is not the sole criterion for appointment of Commissioner. 6. The impugned order suffers from non-application of mind. Same is accordingly quashed and set aside. Trial Court shall in the light of law as considered in above mentioned judgment and other judgments of this Court decide the application Exhibit-59 afresh. The said exercise shall be completed within a period of four weeks after the communication of this orders to trial Court. 7. Accordingly, the Writ Petition is partly allowed. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp1302.11