1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3472 OF 2010 Akash Subhash Londe & Ors. .... Petitioners Vs. Chagan Adhnan Pawar & Anr. .... Respondents Mr. V. M. Thorat for the Petitioners. Mr. M. A. Utagikar for Respondent Nos. 1 and 2. CORAM : A.S. OKA, J. DATE : MAY 6, 2010 P.C. : Heard the learned counsel appearing for the parties. 2. The Petitioners are the original Defendants and the Respondents are the original Plaintiffs in a suit for perpetual injunction. The Respondents made an application for temporary injunction at Exhibit 5. The said application was allowed by the Trial Court. An Appeal preferred by the Petitioners has been dismissed by the District Court. These are the orders impugned in 2 this Writ Petition. 3. It appears that there is no dispute between the parties that the Respondents/Plaintiffs are the owner of the land bearing Gat No. 86/A/1 at village Kharsoli and the Petitioners are the owners of land bearing Gat No. 86/B at village Kharsoli. The grievance of the Petitioners is that there is no proper demarcation of the boundary between the said two Gat numbers. The order of the Appellate Court also indicates that there is a serious dispute between the parties as regards the boundary between the two Gat numbers. The boundary dispute can be resolved only by a Survey Officer appointed under the Maharashtra Land Revenue Code, 1966. The learned counsel appearing for the Respondents has no objection if a Survey Officer is appointed as a Court Commissioner for measuring both of the lands and for determining the boundaries between the two lands. 4. Therefore, the trial Court will have to be directed to appoint a survey officer as a Commissioner at the costs of the Petitioners. After the report of the Commissioner is submitted, the 3 Petitioners can always apply under Rule 4 of Order XXXIX of the Code of Civil Procedure, 1908 for setting aside or for modification of the temporary injunction granted by the Court. If such application is made, the Trial Court shall decide the same without being influenced by the impugned Judgments and orders. The learned counsel appearing for the Petitioners has no objection for passing an order accordingly. 5. Hence, I pass the following order : :: O R D E R :: i. By consent of the parties, the Trial Court will appoint the Taluka Inspector of Land Records as the Court Commissioner for measuring the lands more particularly described in paragraph 1 of the plaint as well as the land bearing Gat No. 86/B. ii. After measuring the aforesaid two lands and all other adjoining lands, if any, which are 4 required to be measured, the Court Commissioner will determine the boundary between the two properties and submit a demarcation plan alongwith a report to the Trial Court. iii. The Court Commissioner shall be initially appointed at the costs of the Petitioners. It is obvious that the Court Commissioner will issue notice to all the concerned parties before carrying out the Commission work. iv. The Trial Court will fix an outer limit for submitting the report of Court Commissioner. v. After the report is submitted, it will be open to the Petitioners to make an application under Rule 4 of Order XXIX of the Code of Civil Procedure, 1908. The said application will be decided by the Trial Court on its own merits 5 without being influenced by the impugned Judgments and orders. vi. All contentions of the parties on merits are expressly kept open. vii. The Writ Petition is disposed of in the above terms. [A.S. OKA, J.]