:1: :1: :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 PETITION NO. 4770 OF 2007 Anna B.Dhaygude and Ors. ...Petitioners Versus Shivaji D.Raskar ....Respondents Anilkumar Patil Adv. for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. 8th January, 2008. P.C. P.C. P.C. : : : 1. Heard Mr.Patil appearing for the petitioner. I see no reason to interfere with the order of the trial Court refusing to appoint Court Commissioner at the instance of the petitioners who are defendants to the suit. At this stage, when there is no counter claim also on record, so also, there is nothing before the court which raises an issue of ascertainment of :2: :2: :2: boundaries or extent of encroachment, the Trial Court was right in refusing to appoint the Court Commissioner. As and when the petitioner raises a counter claim and asserts some right in respect of the properties in their possession and satisfy the Trial Court that there is an apprehension that the original plaintiffs may encroach upon their lands, the Trial court will pass appropriate orders including considering the request of the petitioner for appointment of Court Commissioner. At that stage, needless to state, that the Trial Court will not influence itself by the observations in the impugned order. Petition dismissed. No order as to costs. sd/- ********