:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2201 OF 2008 Mrs. Kausalya Vithoba Jathar and ors. ..Petitioners Vs. Shri Bhagwan Baba Jathar and ors. ..Respondents Mr. N.V. Bandiwadekar for petitioners. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : April 01, 2008. Date : April 01, 2008. Date : April 01, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Bandiwadekar the learned counsel for the petitioners who are plaintiffs in RCS No. 111 of 2006. In the said suit the plaintiffs have prayed for demolition of the alleged encroached structures which have been put up by defendant nos.1 to 38. The defendants in their Written Statement filed on or about 15/2/2007 denied that the structures were unauthorised. They also stated that the structures have been there for decades and, in fact, claimed that for more than 100 years. The defendants made an :2: application at Exh.26 for appointment of the Court Commissioner on or about 30/10/2007 and by the impugned order dated 14/12/2007 the said application has been allowed. 2. The trial court noted that the main issue was whether the defendants are the encroachers and whether they have constructed the houses unauthorisedly. In addition, the details of the structures were also required to be placed before the court along with the Village Panchayat numbers etc. All these details were not available in the plaint or in the Written Statement and, therefore, the trial court though it fit to allow the application and appoint the Court Commissioner. Advocate Shri Sudhir Shankar Gatane has been appointed as the Court Commissioner to visit the suit land and submit a report. The report was directed to be submitted on 17/1/2008 and there is no reasons to believe that by now the report would not have been submitted. The report by itself would not be binding on the plaintiffs and they have the right to examine the Court Receiver in case they do not agree with the report. :3: 3. Hence, the impugned order does not call for any interference under Article 227 of the Constitution. 4. The petition is rejected summarily. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)