wp3637.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ WRIT PETITION NO.3637 OF 2011 JANARDHAN YESHWANTRAO MULE VERSUS TRIMBAK RAMRAO MULE AND ORS ... Advocate for Petitioners : Mr.Manale Satish S Advocate for Respondents : Mr. Deshmukh Sachin S. For R-1 To 3 ... CORAM : S.S. SHINDE, J. Dated: November 29, 2011 ... Heard learned Counsel for the petitioner. 2 An application was filed before the trial Court for joint measurement with following prayer: "This application be kindly allowed and the defendants be kindly directed to make application to T.I.L.R. office, Latur for the measurement of their land Gat No.20 of Bhatkheda, Tq. Latur and they be kindly directed to pay required measurement fees in the office of T.I.L.R. Office, Latur, and the court commissioner from T.I.L.R. Office,Latur, be kindly appointed to make joint measurement of the land of plaintiff bearing Gat No.21, Adm. 3 Hector and the land Gat No.20, Adm. 1 H. 41 R. both situated at Bhatkheda, Tq. Latur, by giving wp3637.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ due and legal notices to the parties of this suit and the adjacent land owners of both the lands of giving date, and time of joint measurement of the lands and the court commissioner be kindly directed to exact area of encroachment made by defendants on the land of plaintiff bearing Gat No.21 of Bhatkheda, from its Northern side. The plaintiff is ready to file application for the joint measurement of the land along with the deft. and is ready to pay necessary fee for the said measurement of the land of the plaintiff." 3 Such application was filed at a belated stage when the issues were framed in the year, 2009 and the suit has riped for hearing. The trial Court, taking into consideration the stage at which the application was filed, rejected the application with observation that the plaintiff intends to prolong the trial. 4 The learned Counsel for the petitioner submits that the petitioner may be allowed to file application with the T.I.L.R. and he is ready to pay necessary charges. In this respect, it is clarified that there is no any prohibitory order against the petitioner to file such application before the T.I.L.R. and he is at liberty to file such wp3637.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ application. However, the prayer of the petitioner to direct the defendants to file application for joint measurement of land has been rightly rejected by the trial Court. Therefore, no case is made out for interference in the impugned order. However, it is made clear that dismissal of this writ petition is not an expression or hurdle in the way of the petitioner to file application for measurement before the T.I.L.R. Writ Petition stands dismissed. (S.S. SHINDE, J.) PLK/*