MP 1 WP697_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 697 OF 2011 Keshav Dyanu Patil and another ... Petitioners Versus Nivrutti Dyanu Patil and others ... Respondents Mr. Chetan G. Patil for Petitioners. CORAM : B.R. GAVAI, J. THURSDAY, APRIL 28, 2011 P. C. : Inspite of being served with notice for final disposal, none appeared for respondent on 21st April 2011. As such, the matter was adjourned to enable the respondent to appear in the matter today. Today also, none appears for the respondent. 2. Rule. Rule made returnable forthwith. 3. By the present petition the petitioner challenges the order dated 13th January 2011 passed by the learned Joint Civil Judge, Junior Division, Shahuwadi-Malkapur, below exhibit-21 in R.C.S. No. 1 of 2011 to the extent the impugned order appoints one lawyer as a court commissioner. The petitioner does not have any objection insofar as that part of the order, which directs appointment of the court commissioner. 4. I find that in the facts and circumstances of the present case, taking into consideration the issue involved, which pertains to the measurement of the suit property, it would be appropriate if the Taluka Inspector of Land Records is appointed as a court commissioner. MP 2 WP697_11 5. In that view of the matter, paragraph 2 of the impugned order shall stand deleted and it would be replaced with “Taluka Inspector of Land Records is appointed as a court commissioner”. Rest of the paragraphs, except paragraphs 8 and 9 shall remain unaffected. The learned Trial Court would reschedule the dates as specified in paragraphs 8 and 10 of the order. 6. In the facts and circumstances, no order as to costs. (B.R. GAVAI, J)