1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4706 OF 2009 Office notes, office memoranda of Corum, appearances, Court’s orders or directions and Registrar’s orders. Court’s Judge’s orders. [ CORAM : K.K.TATED, J. ] DATE : 21/07/2009 PER COURT : 1. Rule. 2. Rule made returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2 3. Heard Mr. H.F.Pawar, learned counsel appearing on behalf of petitioner and Smt. S.S. Autade, learned A.G.P. appearing on behalf of Respondent nos. 1 to 3. 4. By this petition under Article 227 of the Constitution of India, petitioner/original Defendant no. 4 is challenging the Order dated 12/6/2009 passed by the 2nd Jt. Civil Judge (Sr. Division), Dhule below Exh. 128 and Exh. 137 in R.C.S. No. 915 of 2003. Respondent Nos. 1 to 3 are original defendant nos. 1 to 3 and Respondent nos. 4 to 7 are original plaintiff nos. 1 to 4. The original plaintiff filed application Exh. 128 for appointment of Court Commissioner and Exh. 137 to appoint Surveyors as Court Commissioner. The learned counsel appearing on behalf of defendant no. 4 states that earlier he also filed an application for appointment of Commissioner, but same was opposed by the plaintiff. Below Exh. 128 and 137, the lower Court by Order dated 3 12/6/2009 directed the Commissioner to prepare Map and submit report of disputed suit land. The learned counsel appearing on behalf of Defendant no. 4 states that Defendant no. 4 have apprehension that Commissioner may not disclose the proper description of the property in his report. 5. The Court can issue local commission suo motu also if in the facts and circumstances of the case it is deemed necessary that a local investigation is required and is proper for the purpose of elucidating matter in dispute. In any case, the Order passed by the lower Court dated 12/6/2009 is very clear, by which the lower Court directed the Commissioner to prepare Map and submit report of Gut No. 131 situated at Viramgaon. The jurisdiction of the High Court under Article 227 of the Constitution of India is limited. Impugned order can be set aside only on limited ground, namely illegality, irrationality and 4 procedural impropriety. Petitioner failed to point out these things in impugned order. I do not find any substance in the present Writ Petition and the same is dismissed accordingly. [ K. K. TATED ] JUDGE knp/WP4706.09 5 6 7 8 9 10 11 12 13