1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6028 OF 2011. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 11.08.2011. 1. Heard. 2. The petitioner is the original plaintiff. He has filed a suit for declaration and injunction. The plaintiff also filed an application for temporary injunction. The Court passed an order that after verification about the situation of the well, the temporary injunction application would be considered. Thereafter, the TILR was appointed as Court Commissioner. The TILR visited the spot and submitted a report that without measurement, it is not possible to state the exact position of the well. Thereafter, defendant filed an application for measurement of the land of the plaintiff to arrive at proper 2 conclusion. The trial Court allowed the said application. 3. Mr.Dhorde, learned counsel for the petitioner submits that in fact, the defendant is trying to collect the evidence. The defendant could not have filed an application to measure the land of the plaintiff. The Court had appointed TILR as Court Commissioner to verify the position of the well. It would be exceeding the said order if the land is asked to be measured. According to the learned counsel, the said order could not have been passed. 4. The petitioner has not challenged the earlier order passed by the Court appointing TILR as Court Commissioner to submit the report about the existence of the well. The TILR has visited the site and thereafter submitted the report that without measurement it would not be possible to give the report about the exact location of the well i.e. in which land the well the situated. It is in light of the said report, the Court has allowed the application filed by the defendant and directed the TILR to measure the land. 3 5. The said order is with a view to assist the Court in arriving at the just conclusion. The trial Court has exercised the discretion vested in it. There is no error of jurisdiction. As such the Writ Petition is dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.11.08.2011. asp/office/wp6028.11