(1) WP. 6051.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6051 OF 2010 Manik S/o Govindrao Ambad and ors. .. Petitioners VERSUS Dhanraj S/o Narsu Ambad and ors. .. Respondents Mr. J.R. Patil, Advocate for the Petitioners Mr. S.S. Dambe, Advocate for the respondent 1 to 4 Mr. N.T. Tribhuwan, Advocate for the respondent no.5 ... CORAM : V.R. KINGAONKAR, J. DATED : 16TH JULY, 2010 ORAL ORDER:- 1. The petitioners are challenging the order dated 19.6.2010 passed by the learned Civil Judge (Junior Division) whereby, Court Commissioner came to be appointed in respect of the lands in question with particular intention to locate situation of wells in survey no.130. 2. Heard learned counsel for the parties. (2) WP. 6051.2010 3. The parties have purchased their respective lands which are part of survey no.130, under different sale deeds. The real dispute appears to be in respect of location of the wells. According to the petitioners, the old and new well are situated in the footland which is in his possession. According to the contesting defendants, wrong description of the suit land is given by the petitioners and therefore it is necessary to locate the possession of the wells in order to examine whether the petitioners are attempting to cause encroachment under the guise of possession. 4. The trial Court allowed the application and appointed T.I.L.R. as Court Commissioner in order to measure lands as per the boundaries shown in the sale deeds of the parties. In “Yashwant Bhaduji Ghuse V. Vithobaji Laxman Ladekar 2010 Mh.L.J. 956” Single Bench of this Court held that when boundaries are in dispute, then appointment of Court Commissioner would be necessary. I am in agreement with the view taken by learned Single Judge and think it proper that (3) WP. 6051.2010 though the suit is for injunction yet in order to ascertain identity of the property the appointment of the Court Commissioner may be necessary. Considering these aspects, the Petition is dismissed. Sd/- [V.R. KINGAONKAR, J.] arp