1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4481 OF 2010 (Girish V. Agrawal vs. Mirabai Sakharam Jamatkar & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. OCTOBER 25, 2010. Heard Shri Bapat, learned counsel for the petitioner – plaintiff. The petitioner has filed Regular Civil Suit No. 54 of 1998 for recovery of possession from encroacher. In that suit at his instance, the Commissioner was appointed and before the Commissioner could be examined, he expired. Another application was moved and again another officer was appointed as Commissioner. That officer in the employment of TILR submitted the report, however, during cross examination, he stated that he was not legally authorized to major the land. In view of this admission, the petitioner – plaintiff filed third application which has been rejected. The trial Court has found that the petitioner did not raise any objection to second report submitted by the Commissioner. Though the respondents are served with notice of final disposal, they have chosen not to appear. This Court, therefore, on earlier occasion by express 2 order permitted the petitioner to place an affidavit on record of trial Court so as to bring the order dated 05.10.2010 passed by this Court to the notice of defendants therein. Accordingly, the petitioner – plaintiff has filed today an affidavit before this Court. As per said affidavit dated 16.10.2010, the order dated 05.10.2010 has been complied with and the respondents – defendants are aware of today's listing and stage of the matter. In spite of this, nobody has appeared for the respondents. In this situation, when the trial Court itself has found it necessary to appoint the Commissioner twice, the rejection of the application of the petitioner on the ground that he did not raise any objection earlier on the second report is misconceived. The fact that representative of TILR was not legally authorized to undertake such measurement has come on record only in cross examination and as such the petitioner had no occasion earlier to raise any objection in that respect. The impugned order is, therefore, quashed and set aside. The application made by the petitioner is allowed. The trial Court to appoint officer of the office of TILR as Commissioner on suitable terms and conditions. Writ Petition is accordingly disposed of. No order as to costs. JUDGE *GS.