1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.4072 of 2009 (Sheikh Vajir Sheikh Ismail v. Khalidabi Sheikh Mushtaq and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri A.V. Bhide, Advocate for Petitioner. Coram : R.C. Chavan, J. Dated : 30 th September, 2009 Heard the learned counsel for the petitioner. By this petition, the defendant takes exception to the order passed by the learned Civil Judge, Junior Division, Chikhli, directing appointment of TILR as Commissioner for measurement of the dispute site. The learned counsel for the petitioner submits that the measurement has already been done and he has filed at Annexure-I a map of such measurement. That measurement was of the year 2005. In the suit, there is an allegation of encroachment. It is not clear as to whether the encroachment is post measurement or prior to the measurement. However, the plaintiff has specifically alleged in the plaint that the 2 plaintiff had applied to TILR for measurement on 13-8-2007. However, the petitioner was creating obstacle in such measurement. In this context, the learned Trial Judge has appointed TILR as Commissioner. The learned counsel for the petitioner is right in contending that the plaintiff must prove his own case and should not seek appointment of a Commissioner to get encroachment proved by such a method. However, since in the context of the plaint allegation that the plaintiff had already applied to TILR for measurement and that the measurement could not take place for one reason or the other, the plaintiff had come to the Court on the basis of a private measurement. In view of this, it cannot be said that the interlocutory order passed by the learned Trial Judge needs to be interfered in exercise of writ jurisdiction. The petition is, therefore, dismissed. Judge. pdl