1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4235 OF 2010 (Sureshkumar Sunderdas Lalwani vs. Suresh @ Chandu Natthuji Thokal & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. SEPTEMBER 01, 2010. Heard Shri Chandurkar, learned counsel for the petitioner – plaintiff. Perused the orders of this Court in Second Appeal. The directions of this Court are very specific. The measurement has been carried out accordingly. T.I.L.R. in his report dated 07.06.2010 found that the non- agricultural user has been permitted after excluding pot kharab / road area and error has occurred because of the mistakes in revenue records. He has also concluded that land of the petitioner is less by .19 R than as mentioned in 7/12 records but as there is no sub-division, actual encroachment cannot be indicated. In view of this report, the petitioner filed application before the trial Court for showing encroachment made on the land of the plaintiff. By reasoned order, the trial Court has found it impossible. The trial Court has also noticed that the suit is time bound. The suit is of the year 1984, therefore, I am 2 not inclined to interfere in the same as there is no jurisdictional error or perversity. However, the petitioner – plaintiff can point out the errors, if any, committed by T.I.L.R. while undertaking measurement, if that opportunity is still open to him in the Civil Suit. Writ Petition is accordingly not entertained. The contentions raised are kept open for challenge, if any, after adjudication in Civil Suit. JUDGE *GS.