1 wp10075-09 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.10075 OF 2009 Jagan Dattatray Bangar and others .. Petitioners Versus Chandrakang Dundaji Bangar ... Respondent Mr. Kiran N. Joshi for the petitioners CORAM : R. Y. GANOO, J. DATED : 27th September, 2011 P.C. 1. Head learned Advocate for the petitioners. 2. A suit is filed by the petitioners for recovery of possession of land in question, being Regular Civil Suit No. 29 of 2007 which is pending before the the learned Civil Judge, Junior Divsion, Murbad. In the said suit, the petitioners filed an application at Ex.28 praying that Commissioner be appointed to measure the land in question. That application has been rejected by order dated 18th August, 2009, against which, this petition is filed. 3. The petitioners have approached the Court with a positive case that they are the owners of the land and they have lost possession on account of highhanded action on the part of the respondents. The learned counsel for the petitioners, in the course of argument, submitted that before filing the Suit, the petitioners arranged to have the suit land measured. 2 wp10075-09 4. It appears that some consolidation scheme was to come into operation and the defendant has taken stand that his Gut No. 257 is wrongly included in the Consolidation scheme. The application is made for the collection of evidence at the instance of the Court. Such course is not permitted. The impugned order is properly passed. Hence, no interference is required. 5. The petition is dismissed at the stage of admission. 6. In the facts and circumstances, there shall be no order as to costs. (R. Y. GANOO, J.)