1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.1217 OF 2009 Yogesh Narsinh @ Nana Wable & Ors. ...Petitioners vs. Sanjay Yashwant Dhumal & Ors. ...Respondents Mr.G.S.Godbole i/b Ms Pallavi Dabholkar for petitioners Mr.A.Y.Sakhare,Sr.Advocate i/b M/s.Y.K.S.Legal for the respondents no.1 and 2 CORAM :A.S.OKA,J. DATE : SEPTEMBER 29, 2009 P.C. 1 Heard the learned counsel for the petitioners and the learned senior counsel for the respondent nos.1 and 2. 2 The dispute between the parties essentially revolves around the boundary of the property purchased by the respondents who are the original plaintiffs. The Respondents claim to have purchased the suit property by a sale deed dated 6 th September 1991 executed in their favour by one Mr. Dyanoba Baburao Jadhav. The vendor of the respondent purchased the suit property by a registered sale deed dated 15 th December 1986 executed in his favour by one Mr.Ramchandra Pandharinath Paigude. The suit filed by the respondents relates to the property subject matter of the aforesaid sale deeds. 2 3 After arguing the petition for sometime, the learned counsel for the parties agree that the petition be disposed of by passing an order by consent. 4 Hence, writ petition is disposed of by passing the following order with the consent of the parties: i) The trial court is directed to appoint the Taluka Inspector of Land Records or any other competent Survey Officer under the Maharashtra Land Revenue Code,1966 for carrying out survey and for ascertaining and fixing the boundary of the suit property which is subject matter of the aforesaid sale deeds. ii)The Court Commissioner will carry out the commission work after notice to the respondents and all concerned adjoining land holders. iii)The fees and charges of the Court Commissioner shall be paid by the respondents. iv)The Court Commissioner will submit a report along with a map before the trial court on or before 30 th November 2009. v) Needless to say that the parties will be entitled to file objections to the report of the Court Commissioner. vi)It will be open for the parties to apply before the trial court for modification of the order passed 3 below application at Exhibit-5. If such application is made, the same shall be considered on its own merits without being influenced by the Judgment and Order of the Appellate Court in Misc Civil Appeal No.318 of 2008. vii)In the meanwhile, it will be open for the respondents to apply for amendment of the plaint. viii)All contentions of the parties on merits of the suit are kept open. ix)Subject to aforesaid modification, writ petition is disposed of. JUDGE