:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 3834 OF 2009 PETITION NO. 3834 OF 2009 PETITION NO. 3834 OF 2009 Mr. Pramod Nandlal Luniya & Anr. ... Petitioners. V/s. Mr. Satish Kantilal Shah & Anr. ... Respondents. Mr. Balasaheb Deshmukh for the Petitioners. None for the Respondents. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 21ST 21ST 21ST APRIL 2009. APRIL 2009. APRIL 2009. P.C. P.C. P.C. : : : . The Trial Court has refused to appoint a Commissioner as requested by the Petitioner - Plaintiff principally on the ground that the plaint averments do not clarify the position at site and more particularly the Extent of the Petitioner’s property so also the alleged encroachment. There is, therefore, no reason to interfere with the order under challenge. However, if the Petitioner applies for an amendment to the plaint and amendment application is granted, it would be open for the Petitioner to once again approach the Trial Court with a request that a Commissioner be appointed for local inspection so also to report the Extent of the alleged encroachment. Needless to state that such an application, if made, should be dealt with by the Trial Court, in accordance with law and not influenced by impugned order. The Petition is disposed off, accordingly. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)