1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.497 of 2010 Kedu Karbhati Jeughale & Anr. ... Petitioners versus Vasant Mahadu Khaire ... Respondent ... Mr. Sachin Gite for the petitioner. Ms.S.A.Damle for respondent. CORAM : D.G. KARNIK, J. DATED : 7th July 2010 P.C. 1. Rule. By consent, Rule is made returnable forthwith. 2. Heard learned counsel for the parties. 3. The petitioner challenges the order dated 9 December 2009 passed by the learned Joint Civil Judge, Jr.Division, Niphad, rejecting the petitioners’ application for appointment of Government surveyor i.e. Taluka Inspector of Land Records (for short “TILR”) as a Court Commissioner for measurement of the land. 4. The petitioner filed a suit for possession and removal of an encroachment alleged to have been committed by the respondent. In 2 the plaint, he has given a description of the property owned by him and description of the property alleged to have been encroached by the respondent. He has also given a sketch of the property and shown the portion alleged to have encroached by the respondent in the said sketch. The respondent by filing a written statement has denied to have committed any encroachment. 5. Taking into consideration the nature of the dispute between the parties, in my view, the learned Judge ought to have appointed the government surveyor as a Court Commissioner to measure the land. Report of the Court Commissioner which is admissible under Order 26 Rule 10 of the Code of Civil Procedure (for short “the Code”) would certainly help the court in determining the matter in controversy before it. In the circumstances, impugned order is required to be set aside. 6. For the reasons indicated above, the impugned order is set aside and petitioners’ application dated 2 November 2009 for appointment of court commissioner is allowed. The trial court shall issue the necessary writ of appointment of the court commissioner to the TILR and may also issue directions, if any, necessary for the purpose of execution of the commission work. 7. Rule is made absolute to the extent indicated above. (D.G. KARNIK,J.)