( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5814 OF 2010 Sangitabai w/o Bhausaheb Chinde, through her G.P.A. Bhausaheb s/o Asaram Chinde PETITIONER VERSUS Ramkisan s/o Shahu Karhale and others RESPONDENTS .... Mr. A.P. Bhandari, advocate for the petitioner. Mr. A.S. Bajaj, advocate for the respondent No. 1. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 5th July, 2010] PER COURT : 1. Heard learned counsel. 2. The application filed by the petitioner for grant of time to get the land measured privately and for liberty to adduce further evidence on record, has been rejected. 3. The suit itself is for perpetual injunction. It is not a suit for removal of any encroachment. The appointment of measurer may be essential only when there is a dispute regarding any encroachment and identity of such encroached portion is required to be established. There is no purpose in appointing a Court Commissioner only because existence of the ( 2 ) land in question is denied by the respondents, as contended by learned counsel for the petitioners. The parties have closed their evidence. The application is not for measurement of the land through the process of Court for any particular purpose in order to find out existence of any fact as such. But it is for granting time to get the land privately measured and further opportunity to produce the record of measurement and to prove the same by leading further evidence. The attempt of the petitioner seems to be to protract the litigation and, therefore, the application appears to have been rightly rejected by the trial Court. 4. Counsel for the petitioner sought reliance on “Babasaheb Limbaji Mete and another v. Sumanbai Bajarang Saraf & others” 2008 (4) Bom.C.R. 895 and “Cosmosteels Private Limited v. Supermax International Pvt. Ltd. & others” 2009 (2) Bom.C.R. 276. I am not inclined to consider the request having regard to nature of the suit and the purpose for which the application was given. Petition is dismissed. No costs. [V.R. KINGAONKAR] JUDGE NPJ/wp5814-10