1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Letters Patent Appeal No. 100/2011 in Writ Petition No. 5741/2010 (D) Kusum @ Jaishree Shrikrishna Thawale ..vs.. Madhav Kisanji Bhakre & anr. ---------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------------------- Mr. Pande, Advocate for appellant. Ms. Lakudkar, Advocate for respondent no.1. CORAM: S. A. BOBDE AND S. B. DESHMUKH, JJ. DATED : 11 th APRIL, 2011 1. Heard learned counsel for the parties. 2. This appeal is against the judgment of the learned Single Judge refusing to interfere with the order passed by the trial Judge. The only contention of the learned counsel for the appellant is that the appellant had not prayed for appointment of the second Commissioner but her only grievance is that the order dated 07.05.2007 passed by the learned Civil Judge Senior Division, Kamptee, was not complied with by the Commissioner. In that, the Commissioner has not described whether a particular construction is an encroachment or not. 3. After considering the matter, we are of the view that the Commissioner’s report need not be set aside only because it does not disclose whether the construction is an 2 encroachment or not. The map drawn by the Commissioner shows the construction standing on the property in question i.e. Khasra No. 282, Gram Panchayat House No. 16 (New No. 15). The question whether it is an encroachment or not depends upon the title of the property and whether the structure was built after due permission of the authority. The appellant shall be at liberty to raise all contentions at the evidence stage and at the time of hearing before the trial Court. In view of above, appeal is dismissed. No order as to costs. JUDGE JUDGE kahale