1 wp3038.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3038 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. S.J. Salunke, Advocate for the petitioners. CORAM : B.P. DHARMADHIKARI, J. DATE : 25th APRIL, 2011 Suit is simplicitor for injunction and till then application at Exhibit-50 for temporary injunction moved by respondents-plaintiffs is not yet decided. 2. According to learned Counsel for petitioners- defendants, there is bandh separating both fields and Revenue Records do not reflect that bandh, hence, appointment of Court Commissioner is necessary. 3. I do not see any jurisdictional error or perversity in the approach of the trial Court. The burden basically is upon the respondents-plaintiffs and during trial they must prove existence of bandh. They can discharge their 2 wp3038.11 burden by producing appropriate document. No case is made out warranting any interference. 4. However, it is made clear that after the parties complete their evidence, the trial Court if found it necessary to have spot inspected then, the trial Court is free to take appropriate action in accordance with law. 5. With these directions, the present Writ Petition is disposed of. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp3038.11