1 WP 4152.2011 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4152 OF 2011 1. Nandkishor S/o Sheshrao Kulkarni Age : 38 Yrs., Occ. Agril., R/o : Garsuli, Tq. Renapur, Dist. : Latur. 2. Anil S/o Sheshrao Kulkarni Age : 30 Yrs., Occ. Agril., R/o : Garsuli, Tq. Renapur, Dist. : Latur. 3. Sunil S/o Sheshrao Kulkarni Age : 44 Yrs., Occ. Agril., R/o : Garsuli, Tq. Renapur, Dist. : Latur. 4. Mainabai W/o Sheshrao Kulkarni Age : 60 Yrs., Occ. Agril. And household, R/o : Garsuli, Tq. Renapur, Dist. : Latur. The Petitioner nos. 2 to 4 are through their G.P.A. Holder i.e. Petitioner No. 1. .... PETITIONERS V E R S U S 2 WP 4152.2011 - [ J ] Balwant S/o Digamber Kulkarni Age : 55 Yrs., Occ. Service, R/o : Garsuli, Tq. Renapur, Dist. : Latur. .... RESPONDENT Mr. S.S.Manale, Advocate for the Petitioner. Mr. Shrikant S.Kulkarni, Advocate for Respondent. CORAM : S.V. GANGAPURWALA, J. DATE OF JUDGMENT : 13/07/2011 ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, taken up for final hearing. 2. Heard the learned counsel for the respective parties. 3. The petitioner is the original plaintiff, who had filed Suit for perpetual and mandatory injunction. Earlier, the plaintiff had filed an application for appointment of the T.I.L.R. as Court Commissioner to measure the land G.No. 64. The T.I.L.R. was appointed and the lands G.Nos. 63 and 64 were measured. Thereafter, the present petitioner and the respondent filed joint application for re-measurement of land G.Nos. 63 3 WP 4152.2011 - [ J ] and 64 with a view to fix the boundaries. The Trial Court rejected the said application. Aggrieved thereby, the present Writ Petition is filed. 4. The learned counsel for the petitioner and the respondent both agree that the appointment of the T.I.L.R. as Court Commissioner to measure the lands G.Nos. 63 and 64 and to fix the boundaries would be essential and relevant for adjudication of the dispute between the parties. According to the learned counsel, the whole dispute is regarding the boundaries and whether any of the party has committed encroachment over the other’s land. In such circumstances, when both the parties had agreed to get the lands measured, the Court should not have rejected the application. 5. Though the lands G.Nos. 63 and 64 were measured earlier, still, according to the learned counsel for the petitioner and the respondent, there were some anomalies in the earlier measurement and also the boundaries were not fixed in the earlier measurement. To eradicate all the anomalies and to fix the boundaries, it would be in fitness of things to appoint the T.I.L.R. to again measure the lands G.Nos. 63 and 64 and to fix the boundaries. That would also assist the Court in coming to the just conclusion. 4 WP 4152.2011 - [ J ] 6. In the result, the Writ Petition is allowed. Rule is made absolute in terms of prayer clause ‘ B ’ and ‘ C ’. No cots. [ S.V. GANGAPURWALA,J. ] KNP/WP 4152.2011 - [ J ]