1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3627 OF 2010 Mangalabai w/o Sudham Pardeshi .. PETITIONER VERSUS Sau. Padmabai w/o Raoji Kapse & another .. RESPONDENTS Mr. P.P. Khandale Patil, Advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 23rd APRIL, 2010. PER COURT : 1 Application tendered by the petitioner requesting the trial court to appoint Court Commissioner to measure the disputed property has been turned down by the trial court. 2 Suit is presented by the respondents / original plaintiffs claiming decree of perpetual injunction bearing Regular Civil Suit no. 1/2010. The suit is a initial stage and the issues are yet to be framed. Parties have to lead their evidence to substantiate their contention and, at appropriate stage after leading evidence, if the petitioner considers it necessary to renew his 2 request for seeking measurement of the property by the Court Commissioner, he may tender appropriate application and the court may after considering relevant circumstances, proceed to decide the same in accordance with provisions of law. At this stage, considering the interlocutory nature of the proceeding under challenge, no interference is called for in the instant petition in exercise of writ jurisdiction under Article 227 of the Constitution of India. Petition is devoid of substance hence stands rejected. 3 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp3627.10.odt