1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.3382 OF 2008 PETITION NO.3382 OF 2008 PETITION NO.3382 OF 2008 Suvarna Sharad Khalipe & Ors. ... Petitioners Vs. Namdeo Dattatray Deshmukh & Ors.... Respondents Mr. B.A. Allor, Avocate for the Petitioners. None for respondents. CORAM CORAM CORAM : A.M. KHANWILKAR, J : A.M. KHANWILKAR, J : A.M. KHANWILKAR, J. DATE DATE DATE : 8TH JULY, 2008 : 8TH JULY, 2008 : 8TH JULY, 2008 P.C. P.C. P.C. :- :- :- 1. Having regard to the reasons recorded by the Courts below that the Superintendent Lands Records has already set aside the earlier measurement and it was found that unless and until separate partition measurement is done, no other measurement can be done; So long as the said order operates, the petitioners request for appointing the Commissioner to undertake the measurement regarding area of encroachment, without the final boundaries have been identified cannot be countenenced. 2. The trial Court has rightly rejected the 2 application of the Petitioners. 3. The Petitioners may take recourse to such remedy as may be available to them in relation to the decision of the S.L.R., which will be decided in accordance with law. 4. Petition dismissed. ( A.M. KHANWILKAR, J.) A.M. KHANWILKAR, J.) A.M. KHANWILKAR, J.)