1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1078 OF 2011. (PRAVEENCHANDRA PARMANAND GHERWARA..VS..M/S. MAHAVIR ENTERPRISES.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.N. Chichbankar, Advocate for Petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : MARCH 07, 2011. On hearing the learned counsel for the petitioner and on perusal of the impugned order dated 30.09.2010 it appears that the trial Court was perfectly justified in appointing the Court Commissioner for having a joint measurement of the properties belonging to the plaintiff and the defendant as it was the case of the plaintiff that the defendant had encroached upon 18 x 285 meters of the land belonging to the plaintiff. It is well settled position of law that in a case of encroachment it is always desirable to appoint a Court Commissioner for having joint measurement of the properties of the parties to consider whether either one of the parties have encroached upon the property of the other. Merely because there was a report of the Taluka Inspector of Land Records on the basis of which the suit was filed, it cannot be said that the trial Court committed an error in appointing the Court Commissioner. For elucidating the matter in dispute i.e. the suit for encroachment, it was just and proper to appoint Court Commissioner for having joint measurement of the suit property. There is nothing wrong in the order passed by the trial Court on 30.09.2010. In the result the writ petition fails and is dismissed with no order as to costs. JUDGE RR..