( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7274 OF 2010 Shesherao Marotirao Chavan PETITIONER VERSUS Damodhar Bajirao Chavan & another RESPONDENTS .... Mr. S.V. Natu, advocate for the petitioner. Mr. D.G. Nagode, advocate for the respondent No.1. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 13th August, 2010] PER COURT : 1. Heard learned counsel. 2. The petition is directed against the order rendered by the trial Court whereby Court Commissioner has been appointed for second time. Contention of the learned counsel for the petitioner is that the Cadasterial Surveyor had already measured land and that there was absolutely no need to get the lands re-measured. He argued that the respondents did not apply at the first available opportunity. He contended that previously, the T.I.L.R. was appointed at instance of the petitioner and then there was no specific objection raised by the respondents (defendants). ( 2 ) 3. Perusal of the impugned order reveals that during course of the cross-examination, the Cadasterial Surveyor categorically admitted that only the land owned by the petitioner was measured. The trial Court noticed that in order to verify the encroached are and the specifications thereof, it was necessary to measure both the lands. It was for the reason that comprehensive measurement was found necessary, which would have been in the interest of both the parties and which would have given more assistance to the Court to reach correct finding of fact, the application came to be allowed. No perversity appears from the impugned order. Petition is dismissed. [V.R. KINGAONKAR] JUDGE NPJ/wp7274-10