1 wp 6627.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6627 OF 2010 Sau. Lata Vitthal Karkhele .. Petitioner Versus 1. Ashok S/o Srimant Palve and others .. Respondents Shri D. K. Dagadkhair, Advocate for the Petitioner. Shri B. N. Palve, Advocate for Respondent Nos. 1 and 2. CORAM : S. V. GANGAPURWALA, J. DATE : 15TH JUNE, 2011. PER COURT : . The present petitioner is the original plaintiff who had filed a suit seeking directions for measurement of the land and if encroachment is found for possession of the encroached area. The petitioner filed an application Exhibit 28 for appointment of Taluka Inspector Land Records as Court Commissioner. The said application is rejected. Aggrieved thereby the present petition is filed. 2 wp 6627.10 2. Shri Dagadkhair, the learned counsel for the petitioner submits that unless and until the measurement takes place, the encroachment cannot be ascertained and for that purpose the T. I. L. R. should have been appointed. According to the learned counsel, the Trial Court has not considered this aspect and has been swayed away by the prayer made in the plaint. 3. Shri Palve, the learned counsel for respondent Nos. 1 and 2 submits that the main relief claimed by the petitioner cannot be granted at an interim stage. No error can be found in the order passed by the Trial Court. 4. No doubt, one of the reliefs claimed in the suit is to measure the property and if encroachment is found to give the possession. In fact, the case of the petitioner is that the defendants are not allowing the measurement of the land and for that purpose has requested the Court in the plaint to grant such a relief. The evidence is not yet recorded. Unless the measurement takes place the encroachment and its extent cannot be ascertained. In the light of that the petitioner shall first adduce her evidence and bring on record the material to substantiate her case and after adducing the evidence she can 3 wp 6627.10 apply afresh for appointment of T. I. L. R. as Court Commissioner which the learned Judge would consider on its own merits. 5. The writ petition is accordingly disposed of with the aforesaid observations. [ S. V. GANGAPURWALA, J. ] bsb/June 11