1 wp-5152-11 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5152 of 2011 Sambhaji Parbati Ghorpade .. Petitioner Versus Baban Parbati Ghorpade & ors. .. Respondents Mr. Prataprao Shinde for the Petitioner Mr. Venkatesh Shastry for the Respondents CORAM : R.M.SAVANT, J. DATE : 8th DECEMBER, 2011 P.C. : 1 Both the learned Counsel are agreeable to the impugned order dated 20­11­2010 and 5­2­2011 passed by the Civil Judge Senior Division Satara in Regular Civil Suit No.250 of 2010, being set aside. In view of the said consensus between the learned Counsel, there is no necessity to give detailed reasons for setting aside the said Order. It would be open for the Petitioner herein to get the suit plot in question measured privately through the TILR of the concerned Taluka. If such an application is made by the Petitioner, the TILR to carry out the measurement expeditiously. 2 The Learned Counsel appearing for the Respondents herein states that his clients would have no objection to the said measurement being carried out as above and would cooperate in the said process. 2 wp-5152-11 3 The Petitioner would be entitled to make a proper application for placing the report on record that would be furnished to him by the TILR. On such placement the Respondents herein would be entitled to file their objections to the said report on such grounds as he deems fit in respect of the accuracy of the said report. The Learned Counsel for the Petitioner states that the Petitioner would make an application to the concerned TILR within two weeks from date. Further proceedings in the suit are, therefore, stayed for a period 6 weeks from date. The report of the TILR would be a piece of evidence which the Petitioner may rely upon in the said suit and should not be construed as a report under Order 26 Rule 9 of the Civil Procedure Code. 4 With the aforesaid observations, the Writ Petition is disposed of. (R.M.SAVANT, J.)