1 wp-9767.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9767 OF 2011 Malgonda Bhimgonda Birajdar and ors. : Petitioners versus Girmala Amagonda Polashi (Patil) and ors. : Respondents. Mr. Umesh Mankapure for the Petitioners. CORAM : R M SAVANT, J. DATE : 09th December 2011 P.C. 1 The above Petition takes exception to the order dated 15/10/2011 passed by the learned Civil Judge, Junior Division, Jath by which the the Application filed by the Defendants for appointment of Court Commissioner to carry out Nimtana survey came to be rejected. 2 It is required to noted that the said order has been passed in Regular civil Suit No.17 of 1986 which has had a chequered history inasmuch as the dismissal of the said suit has been set aside by the First Appellate Court in the year 2008. The fact remains that the said suit is as yet pending. It appears that the First Appellate Court in view of the controversy in the suit had appointed the Court Commissioner who was the T.I.L.R. who has submitted his report dated 29/8/2008. The said report is sought to be challenged by the present Petitioners on various grounds. The Petitioners had therefore moved the Application for Nimtana survey being carried out which according to the Petitioners is a superior survey. The trial Court on the basis that the suit has 2 wp-9767.11.sxw been expedited and on the basis that the report of the court commissioner is already on record to which the Petitioners have not taken any objection in the year 2008, has rejected the said Application. 3 In my view, the reasons mentioned by the trial Court in the conspectus of facts as stated herein above are unexceptional. It would be open for the Petitioners to put in their objections to the said commissioner’s report when the occasion arises for the same. With the aforesaid observations, the above Writ Petition is accordingly dismissed. [R.M.SAVANT, J]