1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5732 OF 2011 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ Mr.D.G.Nagode, advocate for the petitioners. CORAM : S.V.GANGAPURWALA,J. Date : 03.08.2011. 1. Heard. 2. The petitioners are the original defendants. The Respondent had filed a suit for injunction and for fixation of boundaries. During the pendency of the suit, the plaintiff moved an application for appointing of TILR as Court Commissioner to measure the properties. 3. Mr.Nagode, learned counsel contends that in fact, there is no dispute about the boundaries. The properties are distinct and separate. The documents on record clarify the said position. 2 According to the learned counsel, the measurement of the suit property will not serve any purpose because the property of the defendant is not being measured. 4. The dispute about the boundaries can be resolved more effectively with the assistance of the expert i.e. the TILR. The Court under the provisions of Section 75 read with Order XXVI Rule 9 of the C.P.C. has every jurisdiction to appoint Court Commissioner to assist the Court in arriving at the just conclusion. If the petitioner feels that his property is also required to be measured, he is at liberty to move to the trial Court with an application and the Court shall consider it on its own merits. 5. It is also an accepted proposition that while resolving the dispute about the boundaries, the adjacent lands are also required to be measured. However, the impugned order would not be prejudicial to the petitioners. In such circumstances, no interference is called for. The Writ Petition is dismissed. However, there shall 3 be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.03.08.2011. asp/office/wp5732.11