2. wp 3912­11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3912 OF 2011 Kerba Gajendra Mohite & Anr .. Petitioners Vs Revatibai Mahadeo Katmore & Ors .. Respondents Mr. G.M. Savagane for the Petitioners CORAM : D.G. KARNIK, J. DATE : 24th JUNE, 2011. P.C.: 1. The petition is directed against the order passed by the trial Court rejecting the petitioners' application for appointment of the Court Commissioner for measurement of their land. 2. The petitioners (original plaintiffs) filed a suit against the respondents (original defendants) for permanent injunction restraining the defendants from disturbing the possession of the suit land. The defendants contended that they were adjoining owners and they are not entering upon the plaintiffs' land but were cultivating their own land. They made an application to the Court for appointment of the T.I.L.R. as the court commissioner to measure the plaintiffs' land as well as defendants' land. The application was allowed and the court 1 2. wp 3912­11.doc commissioner was appointed to measure both the lands. The court commissioner measured the lands and submitted his report. Thereafter, the plaintiffs have made the present application for appointment of the court commissioner to measure only their land. That application has been rejected by the Court and in my view rightly so. Once the land has been measured by the court commissioner, no fresh measurement can be allowed through another court commissioner. 3. Learned counsel for the petitioner has submitted that the first court commissioner had measured the plaintiffs' land as well as the defendants' land and the plaintiffs now want to measure only their land. As the plaintiffs' land was already measured along with the defendants' land, there is no need to appoint fresh court commissioner again. The trial Court has rightly rejected the application. There is no merit in the petition and the same is rejected summarily. [ D.G. KARNIK, J ] 2 2. wp 3912­11.doc 3