1 WP 6068.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6068 OF 2011 Ravindra Vasant Upasani and another .... PETITIONERS V E R S U S Ramkisan Biharilal Varma .... RESPONDENT Mr. K.P.Chaware, Advocate for the Petitioners. Mr. S.P. Brahme, Advocate for the respondent. CORAM : S.V. GANGAPURWALA, J. DATE : 06/09/2011 ORAL ORDER : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, taken up for final hearing. 2. The petitioners are the original plaintiffs, who had filed Suit for eviction on various grounds. During the pendency of the Suit, the present petitioners have filed an application for appointment of Commissioner to inspect the property and to submit the report regarding its condition. The trial Court appointed the City Survey Officer as the Commissioner. Vide the present Writ Petition, the petitioners seek an order that in stead of City Survey Officer, a 2 WP 6068.2011 Civil Engineer be appointed as the Court Commissioner. 3. Heard the learned counsel for the respective parties. 4. The learned counsel for the petitioners submits that the Commissioner is required to be appointed only for the purpose of inspection of the property and to report its condition as to whether it is in dilapidated condition or not. For that purpose, City Survey Officer would be of no assistance and the Civil Engineer from the Public Works Department would be the proper person to give his report on the same. 5. Mr. S.P. Brahme, the learned counsel for the respondent submits that in an application, it was also stated about the encroachment and taking into account the said aspect, the trial Court had properly exercised its jurisdiction and appointed the City Survey Officer as the Court Commissioner. The said order can not be faulted. 6. The nature of the dispute between the parties, as it appears from the rival contentions, is regarding the dilapidated condition of the suit property. In such circumstances, City Survey Officer would be of no assistance. It is the Civil Engineer, who would 3 WP 6068.2011 be in a better position who would state about the condition of the structure. 7. In light of the above, the order passed by the trial Court below Exh. 14 is modified to the extent that in stead of City Survey Officer, the Civil Engineer from the Public Works Department Chalisgaon shall be appointed as the Commissioner. The rest of the order is kept intact. In view of the aforesaid order, the order passed below Exh. 22 does not survive. 8. Rule is accordingly made absolute in above terms. No costs. [ S.V. GANGAPURWALA, J.] KNP/WP 6068.2011