1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 8250 0F 2009 *** Ashruba S/o Dhondiba Shingare and another Versus Kesharbai W/o Dhondiba Shingare and others *** 1. Heard learned counsel Mr. A. B. Munde, instructed by Mr. C. R. Thorat, who appears for the Petitione4rs. The petitioners are defendant Nos.1 and 2 in Regular Civil Suit No.24 of 2005 filed by Respondent Nos.1 and 2. Copy of the plaint is on record Annexure- B, page 13. This suit seems to be for partition and separate possession. During the pendency of the suit, present petitioners have filed application at Exhibit-113 in the trial Court. Copy of the said application is Annexure-E (page 30 of the compilation). By this application, the petitioners have prayed for calling record and proceeding of the measurement from the office of Taluka Inspector of Land Records concerned. This applications seems to have been filed on 25th July, 2008. This application, after hearing the parties, has been rejected by the trial Court by the order passed on 2nd January, 2009 Annexure-A to this petition. Learned Judge rejected the application on the ground that the present Petitioners have filed the 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. written statement consenting the grievance of the plaintiffs. According to the learned Judge, there is no issue framed placing burden on the present petitioners. Counsel for the petitioners points out para 9 of the writ petition. In my view, order impugned cannot be said to be perverse. This petition bears no substance. Writ petition stands dismissed in limine without any order as to costs. [S.B.DESHMUKH, J.] Dated:12/01/2010. ans/8250