1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8707 OF 2007 Sagarmal Bhabutmal Solanki & anr. ..Petitioners V/s. Ashok Babulal Shah(Porwal) ..Respondent Mr.J.P.Deo, advocate, for the petitioners Mr.G.S.Godbole, advocate, for respondent CORAM : S.C.DHARMADHIKARI, J. DATE : 12TH MARCH, 2008 P.C. . Impugned order rejects the application for appointment of the Court Commissioner. The petitioner desires that City Survey Officer be appointed as Court Commissioner to measure property. 2. The dispute is with regard to the encroachment committed by the defendant allegedly. The removal of the alleged encroachment is the issue in the suit but its extent/existence is in doubt. Merely because the Court Commissioner has not been appointed does not mean that the 2 petitioners/plaintiffs are precluded from measuring the land through a private surveyor and submit a report to the Court in that behalf. Rejection of the Application in question does not mean that the petitioners cannot apply and the Court Commissioner having been refused, such an application will not be granted. 3. In my view, interest of justice would be subserved, if liberty is granted to the petitioner/plaintiff to appoint any surveyor to investigate all the disputed sites and submit a report to the plaintiffs so as to enable them to rely upon it at the trial. Reserving such liberty and keeping open all contentions of the parties in that regard, this Petition is dismissed. (S.C.DHARMADHIKARI, J.)