dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.5662 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.S.S.Pakale for the petitioner. Mr.S.M.Gorwadkar for the respondent. CORAM : ANOOP V. MOHTA, J. DATED : 08.12.2008 P.C. The petitioner has challenged the impugned order dated 9.7.2008 whereby the court has appointed the Court Commissioner for measurement of plots/land. The Court has observed in para 10 as follows: ‘10. It is seen that, both plaintiff and defendants are disputing the exact location of common boundaries in between their plots, even they are alleging against each other regarding committing of encroachment ever each others spot. Hence although it has been contended on behalf of defendant that, plaintiff had encroached upon her plot, however a common survey appears to be needed in this matter in order to resolve the dispute arising in respect of the location of land along with boundary line between two adjacent plot. In fact, the appointment of commissioner would not prejudice to the interest of either parties and it will be just and proper to the court to arrive at a proper conclusion.‘ In view of above, I see here 2 is no reason to interfere with the interlocutory order. The petition is accordingly dismissed. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]