1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1494 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 1494 OF 2011 *** 1. Heard Shri Kulkarni holding for Advocate Shri Narwadkar for Petitioner/ plaintiff and Advocate Shri Chapalgaonkar for Respondent No.3. The petitioner filed application under Order XXVI Rule 9 of C.P.Code for appointment of Commissioner for measuring the suit property on the ground that earlier person who has undertaken that exercise prior to filing of suit has expired. According to Advocate Mr. Kulkarni death of that person came on record when the witness summons was received back with that report and hence application at Exhibit-127 was required to be moved. According to him, therefore, rejection of earlier application for said purpose was not very relevant. 2. Shri Chapalgaonkar points out that before filing suit office of T.I.L.R. has undertaken the exercise of measurement and 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1494 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. based upon that measurement the suit has been filed. He, therefore, states official act can be proved in accordance with the provisions of law and death of measurer by itself is not hurdle in it. 3. I find that plaint itself refers to measurement by the office of T.I.L.R. on 14th November, 2003. The petitioner, therefore, has to take appropriate steps to prove that measurement as his suit is based upon it. The parties then get opportunity to substantiate their respective contentions on the strength of that report. If, thereafter, any ambiguity is found, the parties as also the Court itself is free to take appropriate steps in accordance with law. At present, I am not inclined to interfere in the matter. Petition is, therefore, rejected. No costs. [B.P.DHARMADHIKARI, J.] Dated:11/03/2011. ans/1494