1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 6708 OF 2009 Vikas Bhagwan Dalvi & others ....Petitioner. Versus Prakash s/o. Bhagwan Dalvi & others ....Respondents. Shri. A.R. Borulkar, Advocate for petitioners. Shri. N.V. Gaware, Advocate for respondent No. 1 & 2. CORAM : R.K. DESHPANDE, J. DATE : 6th July 2010. PER COURT : 1. This writ petition challenges the order dated 16.4.2008 passed below Exh. 7 by the learned Civil Judge, Junior Division, Shrigonda, Dist. Ahmednagar in Regular Civil Suit No. 262/2007. 2. Notice of this writ petition was issued on 7.10.2009. Shri. Gaware, the learned counsel appears for respondent Nos. 1 and 2. All other respondents are served, however, none appears for them. 2 3. The petitioners have filed Regular Civil Suit No. 262/2007 for fixation of boundaries in terms of compromise decree. In the same suit an application, Exh. 7, was moved for appointment of T.I.L.R. to measure the properties and to fix the boundaries. The said application has been rejected. 4. The learned counsel for the petitioners has urged that this is the only dispute, which is involved in the suit and if the T.I.L.R. is asked to carry out the measurement, that will resolve the controversy involved in the case. If that is the position, then appointment of T.I.L.R. as Court Commissioner to measure the properties, cannot be made to collect evidence. The Trial Court was, therefore, right in rejecting the application. No fault can be found with it. The petition is dismissed. [ R.K. DESHPANDE, J. ] ssc/wp6708.09