1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9064 OF 2010 Sadashiv s/o Keshav Vantule ... PETITIONER VERSUS Laxmibai Shrimant Jadhav ... RESPONDENT ..... Shri S.T. Shelke, Advocate for the petitioner ..... CORAM : R.M. BORDE, J. DATE : 4th October, 2010 PER COURT : 1. An interlocutory order passed by Civil Judge, Junior Division, Rahata below Exh.85 in Regular Civil Suit No.39/2009, dated 4.8.2010, rejecting the application tendered by the petitioner (original defendant) for appointment of Commissioner for measurement of disputed property is subjected to challenge in the present writ petition. 2. The application has been turned down for the reason that there was already measurement conducted through the office of District Inspector of Land Records under the directions of the Court and the said report is already placed on record. The plaintiff has also tendered her affidavit in lieu of examination-in- chief on 6.1.2010. It is open for the defendant to cross-examine the plaintiff and also make an application for calling the Court Commissioner as a witness and defendant/petitioner may avail of 2 opportunity to cross-examine the Commissioner. At this interlocutory stage of proceedings, no interference is called for in exercise of extraordinary jurisdiction under Article 227 of the Constitution of India. Writ Petition stands rejected. R.M. BORDE JUDGE fmp/wp9064.10