1 S.A. 194/2007 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 194/2007 VIJAYKUMAR MANSUKHLAL GANDHI VS. SUNANDA W/O SHIVAJIRAO GAVLI AND OTHERS Mr. G.K. Thigale, Advocate for the appellant. Mr. Rahul Karpe, Advocate for respondents No.1,2,3 & 5 CORAM : A.V. NIRGUDE, J. DATED : 25th July, 2011. ORAL ORDER : 1. Heard. 2. By consent of both the sides, following order is passed : I. The appeal is allowed. II. The impugned orders passed by Courts below are set aside. III. The case is remanded back to the trial Court. IV. The parties have no objection for appointment of the Court Commissioner. T.I.L.R. Shall be appointed as Court Commissioner for taking measurements of the suit land as well as the adjoining lands to find out as to whether the land belonging to the respondents / plaintiffs, is encroached and to what extent? The T.I.L.R. shall also give his finding as to who has encroached upon the land of the plaintiffs / respondents. V. The respondents / plaintiffs are also given liberty to make amendment in the plaint after submission of fresh report of the Court Commissioner. 2 S.A. 194/2007 VI. The trial Court shall make endeavour to complete the process of appointment of Court receiver and receiving of the report within eight weeks from the date of receipt of this order. VII. The parties shall appear before the lower Court on 10th August, 2011. VIII. The parties are allowed to make amendment in the pleadings after receipt of the report of the Court Commissioner. After amendment are carried out, the learned judge of the trial Court shall frame additional issue if necessary and then allow the parties to lead evidence only to the extent of proving additional issue. 3. In view of disposal of the second appeal, civil application does not survive and the same stands disposed of. [A.V. NIRGUDE,J.] ts k/2011/July25/sa194.07