1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION SECOND APPEAL NO.727 OF 2008 Shri Ashok Mahadev Mhatre & Ors. ...Appellants. v. Ameya Balkrushna Prabhu ...Respondent. Mr.S.V.Gavand, adv. For the Appellants. Mr.Amol Doijode, adv. For the Respondents. CORAM : J.H. BHATIA, J. DATED : 29th July , 2009 P.C. 1 Heard the learned counsel for the Parties. 2 The learned counsel for the plaintiffs/appellants points out that existence of the wall to the Western side of the property of the plaintiffs was admitted even by the defendants and also that the disputes had taken place between the parties about that wall prior to filing of the suit. Evidence of and the map prepared by the Taluka Inspector Land Records was not held to be correct by the trial Court while the Appellate Court accepted that map and the evidence. It appears that T.I.L.R. in the map prepared by him had not shown any wall while admittedly there is a compound wall around the property of the plaintiffs. T.I.L.R. only indicated that the plaintiffs were in occupation of 2 200 sq.mtrs. area more than area of his land. Prima-facie, it appears that map prepared by the T.I.L.R. is not satisfactory and does not give clear picture about the reality on the ground. After some discussion the learned counsel for both the parties concedes that the judgments rendered by both the Courts below may be set aside and the matter may be remanded back to the trial Court with a direction to appoint T.I.LR. to make fresh measurements. 3 In view of the above circumstances, impugned judgment passed by the Appellate Court in Appeal No.203 of 2006 as well as the judgment of the trial Court rendered in regular civil suit no.51 of 2003 are hereby set aside. Suit is remanded back to the file of Civil Judge Junior Division, Pen, District Raigad with a direction that the learned Civil Judge shall appoint District Inspector Land Records as Court Commissioner and D.I.L.R. or any other cadestral surveyor appointed by the D.I.L.R. other than Sudhir Vanarase, who had measured the land earlier, shall measure the property survey no.27A1/1 situated at Village Wawe, Tal: Pen belonging to the plaintiffs and survey no.28A/1A/1 belonging to the defendants after giving notice to both the parties and shall fix the boundaries of the land of the plaintiffs clearly indicating whether there is any compound wall and whether there is any wall to the 3 Western side of the suit property and if it is, whether that wall to the Western side is within or outside the area of gat no.27A1/1. The Court Commissioner shall submit report within three months after receiving the order. The trial Court shall expedite the hearing after getting report of the Commissioner and dispose off the matter as early as possible. Plaintiffs shall bear initial cost of measurement, which can be adjusted towards the cost of the suit. (J.H. BHATIA,J.)