-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.8013 OF 2007 Shardabai Tulsiram Kene & Ors. : Petitioners (Heirs of Orig.Deft. nos.1 & 4) V/s. Shri Anthony C. Cheyaden & Anr. : Respondents (Orig.Pltffs.) ... Mr.R.S.Apte i/b. Mr.A.A.Garge for the petitioners. Mr.R.M.Agarwal i/b. Mr.Girish R. Agarwal for the respondents. ... CORAM : S.A.BOBDE, J. DATE : JANUARY 29, 2008. P.C. 1. The petitioners-defendants have challenged the order of the IInd Joint Civil Judge, Junior Division, Kalyan, dated 1.10.2007 appointing a Commissioner for measuring and demarcating the suit property. The main contention on behalf of the petitioners-defendants is that the appointment of a Commissioner is illegal and arbitrary because this is the third time a Commissioner has been appointed. There is no substance in the contention. It -: 2 :- is obvious from the record that the Commissioners appointed earlier, have been unable to execute the commission because of non-cooperation by the petitioners. This is apparent from the Commissioners’ reports which are on record. The first Commissioner was an Advocate and the second Commissioner was the TILR. Both of them have reported their inability to execute the commission. It was also urged by Mr.Apte for the petitioners that the Commissioner is not necessary at all. This does not appear to be correct. It appears that the respondents have purchased 2,000 sq. yards of land from total area of two-and-a-half acres and there is some difficulty in locating the property. Moreover, the plaintiffs have also made a prayer for obtaining clearance under the Urban Land Ceiling Act. Therefore, the learned Civil Judge is correct in calling for measurement and demarcation of the property by appointing the TILR, Kalyan, to determine the boundaries. 2. In this view of the matter, there is no merit in the petition which is hereby dismissed. S.A. BOBDE, J.