1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3178 OF 2009 with WRIT PETITION NO. 3181 OF 2009 Ramesh s/o. Shivayya Swami (Kapale) .. Petitioner Versus Datta s/o. Ram Kapale and others. .. Respondents CORAM : B.R. GAVAI, J. DATE : 16TH JUNE, 2009. ORAL ORDER :- 1. The petitioner by filing these two petitions has challenged the order dated 27/1/2009 vide which the application filed by the present petitioner for measurement of land came to be rejected and the order dated 25th November, 2008, vide which the application filed by the present petitioner for exhibiting the map prepared by the TILR came to be rejected. 2. The petitioner/plaintiff has filed a suit for declaration of ownership of the suit premises and for perpetual injunction restraining the defendants from obstructing the peaceful possession of the plaintiff over the suit property. 2 3. In the said suit, after the evidence was closed, an application came to be filed for exhibiting a map prepared by the TILR. The said application was rejected. Subsequently, an application for getting the lands measured was filed by the present petitioner. The same was also rejected. Hence, the present petitions. 4. While rejecting the first application, the learned trial court has found that since the defendant was objecting that any such measurement has taken place such map can not be exhibited unless there was cogent evidence to prove the said map. In so far as the second application is concerned, the learned trial court has found that if is for the party to establish its case by leading cogent evidence and that the court cannot assist a party for collecting evidence in support of it case. 5. No perversity could be found with the approach adopted by the trial court so as to warrant interference in the extraordinary jurisdiction under Article 227 of the India. Hence, the writ petitions are rejected. [B.R. GAVAI, J.] grt/