1 wp7628.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 7628 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. V.S. Bedre, Advocate for the petitioners. Mr. P.P. Dhorde, Advocate for respondent nos.1 to 5. 1. Heard Advocates Mr. Bedre for the petitioners- defendants and Mr. Dhorde for the respondents-plaintiffs. In a suit filed for removal of encroachment, the trial Court has found it proper to appoint the T.I.L.R. as Commissioner. 2. Advocate Mr. Bedre for petitioners has invited attention to plaint as filed to urge that it is very vague and is not accompanied by the proper map. His contention is that even the cause of action was not specifically pleaded. 3. Advocate Mr. Dhorde for respondents is justifying the order as passed. 2 wp7628.10 4. After hearing Advocate Mr. Bedre for petitioners, I am satisfied that grounds sought to be urged by the petitioners are not lost and remain valid even if in report of T.I.L.R., some encroachment by petitioners is noticed. 5. Suit is for removal of encroachment and the trial Court has found appointment of the T.I.L.R. is necessary. I do not notice any jurisdictional error or perversity, the Petition is rejected. No costs. (B.P. DHARMADHIKARI) JUDGE. 15.02.2011 gas/wp7628.10