: 1 : 7249-11-wp=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7249 OF 2011 Mahavir Nemu Khot .. Petitioner v/s. Sudhir Aana Awati .. Respondent ......... Mr. Ranjeet Patil for the petitioner ......... CORAM : R.Y.GANOO, J DATE : 30th SEPTEMBER,2011. P.C. : 1. The petitioner filed R.C.Suit No.387 of 2003 before the learned Joint Civil Judge, Junior Division, Islampur, Dist. Sangli against the respondent. At the request of the petitioner, Commissioner was appointed to carry out measurement and draw map. That has been done. It appears that after perusal of the Commissioner’s Report, the petitioner was not satisfied and he wanted to place on record that Commissioner’s Report is contrary to the facts. He, therefore, filed an application before Exh.32 praying for second round of Commission. This application has been rejected by the learned : 2 : 7249-11-wp=.sxw Joint Civil Judge, Junior Division, Islampur by order dated 23rd March, 2011. This order is challenged in this petition. 2. I have heard learned advocate for the petitioner. In my view, if the Commissioner has visited the site as per the order of the Court and carried out the job, if the said report does not tally or is not in conformity with the case put up by the petitioner, it will be open for the petitioner to file his affidavit objecting to the Commissioner’s Report so that the said objections can be considered at appropriate stage. 3. In my view, the impugned order cannot be interfered with. Petition is, therefore, dismissed. Liberty is granted to the petitioner to file objections to the Commissioner’s Report. If such objections are filed, learned Civil Judge, Junior Division, Islampur shall consider the same at an appropriate stage. Petition is disposed of. There shall be no order as to costs. (R.Y.GANOO, J.)