IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT WRIT WRIT PETITION NO. 8415 OF 200 PETITION NO. 8415 OF 200 PETITION NO. 8415 OF 2006 Vishnu Ganpat Bahira .... Petitioner versus Shafi Noormohammed (Sk.)Todape.... Respondent. and others. Ms. Gauri Godse for the petitioner CORAM; CORAM; CORAM; A.P. DESHPANDE, J. A.P. DESHPANDE, J. A.P. DESHPANDE, J. DATED; DATED; DATED; 7TH FEBRUARY, 2007 7TH FEBRUARY, 2007 7TH FEBRUARY, 2007 P.C.; P.C.; P.C.; 1. The present petitioner is the original plaintiff, who moved an application before the trial court in the pending civil suit seeking appointment of Court Commissioner for measurement of the land for establishing the encroachment. The defendant opposed the same by contending that allowing the application moved by the petitioner tantamount to an attempt in trying to collect the evidence through Court mashinary, which according to the Respondent impermissible. The trial court observed that the plaintiff has already measured the land through T.I.L.R. on 22-11-2000 and has produced rough sketch of the said survey with the plaint. The order further observes that no reasons are mentioned by the plaintiff to have the land measured. Taking over all view of the matter the trial court has rejected the application in exercise of its discretion. 2. The learned counsel for the petitioner submits that the land that was earlier measured was the one owned by the plaintiff and hence the trial court has not considered the application in its proper perspective. Perusal of the application reveals that the same is very criptic and does not elaborate the reason for seeking measurement by the authority. I do not find any reason to interfere with the order passed by the trial court. At this stage the learned counsel for the petitioner submits that if this court is not inclined to entertain the present petition, all the grounds raised in the present petition be kept open to be raised in regular civil Appeal which the plaintiff may be required to file if and in case the suit is dismissed. Hence all the grounds raised in in this petition are kept open to be agitated in the regular Appeal. This writ petition is, therefore, summarily dismissed. ...