1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.3122 OF 2008 Badshah Babulal Inamdar (since deceased) through heirs and L.Rs. (1)Smt.Sugrabai Badshah Inamdar & Ors. ...Petitioners vs. Alam Mohammed Kazi and others ...Respondents Mr.S.S.Kulkarni for the petitioners Mr.Vishwanath Talkute for respondent nos.1 to 3. CORAM :A.S.OKA,J. DATE : SEPTEMBER 16, 2009 P.C. 1 Heard the learned counsel for the parties. Considering the narrow controversy involved in the petition, the same is taken up for final disposal at admission stage. 2 The petitioners are the original plaintiffs who have filed a suit for removal of encroachment and compensation or mesne profits. An application was made by the petitioner at Exh.70 pointing out that the nimtana measurement has been carried out in R.C.S.No 72 of 1990 and in the said suit relevant documents along with report have been produced at Exh.78. A prayer was made in the said application that the papers forming part of the Exh. 78 may be called for and Super Nimtana measurement be ordered at the cost of the petitioner. The respondents endorsed a reply on the said application and contended that the application was not in accordance with law but the respondents have no objection. The said aspect has 2 been noted in the order dated 21 st September 2007. However, the learned Judge rejected the application on the ground that in view of the decision of this court, the same cannot be permitted. An application for review was made by the petitioners. The said application has been rejected by holding that no ground has been made out. 3 After having considered the submissions of the learned counsel for the parties, I find that in view of the consent given by the respondents, the application at Exh.70 ought to have been allowed. The impugned order deserve to be quashed and set aside. 4 Hence, I pass the following order : i) Impugned orders are quashed and set aside. Application at Exh.70 made by the petitioner is allowed subject to modification that it will be open for the petitioner to file certified copies of the documents on the record of the R.C.S.No 72 of 1990. The trial court will pass consequential orders as regards deposit the costs and process fee etc. ii)All contentions of the parties on merits of the suit are expressly kept open. JUDGE