1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR APPEAL AGAINST ORDER NO. 145 OF 2009 1. DR.PANJABRAO DESHMUKH KRISHI VIDYAPEEWTH,AKOLA THR ITS ASSOCIATE DEAN COLLEGE OF AGRICULTURE,MAHARAJBAGH,NAGPUR .. PETITIONER/S VERSUS 1. DR.(MRS.) SHEELA W/O SURESHKUMAR THAKKAR R/O CENTRAL RAILWAY BUNGLOW, D-3, MOUNT ROAD, SADAR, NAGPUR .. RESPONDENT/S ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. P. S. Sadavarte Adv for appellant. P. C. CORAM: K. U. CHANDIWAL J. DATED: 8 th JULY, 2010. Heard finally. 2. The order of remand by the learned District Judge at Nagpur in Regular Civil Appeal No. 344 of 2 1996 thereby directed the learned 5th Joint Civil Judge Junior Division Nagpur in Regular Civil Suit No. 1478 of 1982 to get the property measured through the Cadestral Surveyor is questioned by the plaintiff. 3. Shri Sadavarte learned counsel urged that the Institution being a public body, will not be in a position to meet the huge expenses required to be paid for such measurement. It is according to him double the price of the property. The power of attorney of the defendant had no authority to depose and consequently whatever the attorney has stated will have no legal effect. 4. This Court is not required to dwell upon the financial difficulties, the plaintiff shall be facing or the about the non-est power in attorney flowing from the principal. The controversy before this Court revolves whether order of remand was just in the situation. 5. Learned Judge on evaluation of evidence found that the alleged encroachment though is pointed in the settlement map by the plaintiff by A-B- 3 C-D is not actually got demarcated from the competent authority which was a predominant aspect when encroachment is sought to be removed. Learned Judge consequently directed both the parties to share the charges of Cadestral Surveyor. If the defendant does not appear before the learned Judge it is for the Court to take appropriate steps. However, for the reasons stated above it cannot be said that the order of remand by the learned District Judge Nagpur requires any interference. Order does not show any illegality to formulate the substantial question of law in terms of Section 100 of the Civil Procedure Code. Appeal Against Order lacks merits and dismissed. No costs. Civil Application disposed of. JUDGE svk 4