dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.6495 OF 2008 PETITION NO.6495 OF 2008 PETITION NO.6495 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.J.D.Khairnar for the Petitioner. Mr.S.V.Sadavarte for respondents 1 to 5. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 8th October, 2008. : 8th October, 2008. : 8th October, 2008. P.C. P.C. P.C. The petitioner/landlord at the stage of argument moved this application for measuring the suit property as the defendant is claiming to be in possession of more than the rooms described in the plaint. The learned Judge, after considering the rival contentions including the purpose and object of Order 26 of appointment of Commissioner rightly held that it is the responsibility of the plaintiff to bring it before the court the exact nature and description of the property. The petitioner/plaintiff cannot take help of ( 2 ) Court commissioner to measure the same at this stage of the proceeding. In view of this, I see there is no case made out by the petitioner to interfere with the reasoned order passed by the trial Court. The petition is dismissed. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]