1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8077 OF 2009 Namdeo Jyoti Sawant & anr. ..Petitioners V/s. Bharat Dnyanoba Sawant & anr. ..Respondents Mr.Anilkumar Patil, Advocate, for the Petitioners Mr.Manoj Dalvi, Advocate, for the Respondents CORAM : A.S.OKA, J. DATE : 19TH APRIL, 2010 P.C. . Heard the learned Counsel appearing for the Petitioners and the learned Counsel appearing for the Respondents. Perused the earlier Order dated 20th January, 2010 passed by this Court. 2. The learned Counsel appearing for the parties agree that the Petition can be disposed of by a consent Order. Accordingly, the Petition is disposed of by passing the following Order :­ 2 (i) The impugned Judgment and Order dated 4th July, 2009 is modified. (ii) The Judgment and Order dated 24th April, 2009 passed by the trial Court is modified and that part of the said Order by which the temporary injunction was granted in respect of the bore well is set aside. (iii) The Order of temporary injunction granted in respect of land bearing Gat No.274 shall continue to operate till the disposal of the suit. (iv) The trial Court shall appoint the Taluka Inspector of Land Records as the Court Commissioner to measure and survey lands bearing Gat Nos.270 and 274 and to fix the boundary between the said two lands. The entire costs and charges of the Commission shall be borne and paid by the Petitioners, subject to final result of the suit. (v) The Court Commissioner will proceed to carry out Commission work by giving prior notice to all concerned parties. (vi) Hearing of the suit is expedited and the trial Court shall endeavour to conclude the hearing before the end of November, 2010. (vii) All contentions of the parties on merits of the suit are kept open. (viii) There will be no orders as to costs. (A.S.OKA, J.) 3