spb/- 1 wp7603-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 7603 OF 2010 Ramesh Narayan Patil & Ors. ... Petitioners. Vs. Shri Pandharinath Gulab Zite & Ors. ... Respondents. --- Mr. Yogesh B. Dandekar for the Petitioners. ----- CORAM : D. G. KARNIK, J. DATE : 07th DECEMBER, 2010. P.C. 1 This appeal is directed against the order dated 7th of December, 2009 passed by the Civil Judge, Jr. Division, Alibaug-Raigad, refusing to appoint an appellate survey officer as a second court commissioner. 2 In a suit for removal of an encroachment, the petitioner (original plaintiff) applied to the court for appointment of a court commissioner to survey the land. Accordingly, the court appointed the Taluka Inspector Land Records (T.I.L.R) as court commissioner to survey the land. The T.I.L.R. carried out the survey and submitted his report alongwith a measurement plan. Thereafter, the petitioner made another application spb/- 2 wp7603-10.sxw for appointment of superior survey officer as a court commissioner to conduct the appellate survey measurement. That application was rejected by the trial court. Sub-rule 2 of Rule 10 of Order 26 provides that the report of a court commissioner shall be a evidence in the suit and shall form part of the record. There is no provision for a second court commissioner being appointed for the purpose of carrying out appellate survey over the first court commissioner. In any event no ground is made out for appointment of a second court commissioner. 3 Hence, the writ petition is rejected summarily. [D.G. KARNIK, J.]