: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1047 OF 2008 WITH CIVIL APPLICATION NO.1274 OF 2008 Baburao Sakharam Savardekar & Ors. ..Appellants. Vs. Lalbahadur Rampal Nirmal ..Respondent. Ms.Patil i/b.Mr.S.J.Ghogre for the Appellants. Mr.P.G.Karande for the Respondent. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 23RD OCTOBER, 2008 DATED : 23RD OCTOBER, 2008 DATED : 23RD OCTOBER, 2008 P.C. : P.C. : P.C. : Admit. Heard finally. 2. The impugned order does not warrant any interference at this stage. The leaned Judge has come to a prima-facie conclusion that it is the Plaintiff/Respondent and not the Defendants/Appellants who were in possession of the suit structure. I am unable to say that the conclusions reached by the learned Judge are totally unsustainable. The matter will require evidence. However, the impugned order requires modification. 3. The learned counsel appearing on behalf of the Respondent himself fairly stated that the claim of : 2 : the Respondent cannot be more than 6 ft. x 5 ft. 4. This also appears to be correct inter-alia in view of the fact that the suit structure has not been described in the plaint and Exhibit "C" to the plaint itself refers to the structure being 5 ft. x 5 ft. I will presume that the structure is 6 ft. x 5 ft. and that the reference to 5 ft. x 5 ft. is inaccurate to that extent alone. It was contended on behalf of the Appellant that the structure actually is of a greater area. 5. In view of the above, it is necessary that the impugned order is restricted to an area of only 6 ft. x 5 ft. There is no objection for the same by the Respondent. Thus, the Commissioner, who was earlier appointed or any other officer, shall visit the suit structure, measure the same and submit a report in that regard. 6. The report of the Commissioner shall also contain the necessary photographs and a sketch of the structure. Thereupon, the trial Court shall demarcate an area of 6 ft. x 5 ft. in respect whereof the impugned order shall operate. The remaining portion, if any, shall be permitted to be : 3 : used by the Appellants. The learned Judge is requested to appoint the Commissioner as expeditiously as possible. 7. Further, the Respondent shall maintain status-quo in all respects in respect of the portion of the structure allocated to him under the interim order. 8. The Appeal from Order and the Civil Application are accordingly disposed of. ***