-1- IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 574 OF 2009 1. Shri Pandurang Murari Shetye, son of Murari Shetye, Major of age, married. 2. Smt. Malini Pandurang Shetye, wife of Pandurang Shetye, Major of age, married, Both resident of H. No. 1055, Poira, Assonora, Goa. …... Petitioners V e r s u s Smt. Shakuntala G. Talgaonkar, At s. no. 156/IB, Penha de Franca, Alto Porvorim, Goa. …... Respondent Mr. J. P. Mulgaonkar, Advocate for the Petitioners. Mr. D. Pangam, Advocate for the Respondent. CORAM: A. H. JOSHI, J. DATE : 9 th October, 2009. JUDGMENT 1. Rule. Rule is made returnable forthwith. 2. In the midst of hearing, learned Advocate for the respondent seek time to reconsider the stance. -2- 3. After some time, parties have arrived at terms and a joint purshis is tendered, which is taken on record. In view of the agreed terms, this Court issues following direction : 1. The Cadastral Surveyor of appropriate designation from the Office of Directorate of Land Record be appointed as Commissioner by Trial Court within 7 days of receipt of writ of this Court. 2. The Commissioner, shall carry out inspection of the spot and shall to isolate and shall identify the Survey number or part thereof within which the disputed construction is carried out and specify it on the map. 3. The Commissioner shall take into account the directions and guidance given by this Court in the Judgment reported in 2009(5) Mh.L.J. (Vijay s/o. Shrawan Shende & Ors. vs. State of Maharashtra & Ors.) 4. The Commissioner shall opine in specific as to whether the disputed construction is carried out in terms of the averments contained in the plaint and within plaintiff's property or else where. -3- 5. The Commissioner shall submit his report within 15 days from the date of issue of Order of Commissioner from the Trial Court, based on this Order. 6. The respondent shall not do any further construction until the final disposal of the suit and shall place on record of Trial Court the status / stage of the construction along with photographs from all sides. 7. The suit be disposed of within three months from the date of submission of commissioner's report. 8. Commissioner's fee as ordered by the Trial Court, be deposited by the plaintiff within ten days. 4. Rule is made absolute in the above terms. Parties to bear their own costs. A. H. JOSHI, J. arp/*