1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7410 OF 2008 Arun S/o.Laxmanrao Zhipre PETITIONER VERSUS Pandurang S/o.Bapurao Gaikwad, and others RESPONDENTS Mr.B.L.Sagar Killarikar, advocate for petitioner Respondent no.1 and 2 absent even though duly served Mr.C.R.Deshpande, advocate for respondent no.3 Mr.K.J.Ghutepatil, AGP for respondent no.4 (CORAM : A.V.POTDAR, J.) DATE : 16/06/2009 PER COURT : 1. Being aggrieved by the order passed below Exh.110, dated 08/09/2008, present writ petition is filed under Article 227 of The Constitution of India. It appears from the papers and proceeding in the present writ petition that the petitioner/original plaintiff have filed suit for declaration and injunction against the respondents defendants bearing RCS No.19/1996 in the Court of Civil Judge, S.D. Latur. It further appears that during the pendancy of the said suit, at the instance of the parties, TILR was appointed as a Court Commissioner to get measured the land survey no.230. It further appears that when the matter was listed for recording of evidence of parties, the plaintiff has applied for issuance of witness summons to 2 the District Surveyor, who had carried out the measurement. On service of summons on the office of TILR with the direction to Surveyor Mr.Bembade to appear in the Court with record of measurement. Report was submitted by the said witness that the record and proceeding in respect of Measurement Register no.210/92 by which the land was measured by the Office of TILR is not available/traceable. From time to time such type of reports were submitted before the Trial Court that the search is in progress and when the documents will be available, they will be produced in the Court. But during the considerable period, the record is not available. In the premise, an application was moved on behalf of the plaintiff for re-construction/construction of the record in respect of Measurement Register NO.210/92 in the office of TILR. On the said application, the order was passed by the Learned Civil Judge, S.D. Latur that the concern office is not under the sub-ordinate of this Court, The directions sought are administrative in nature, hence application stands rejected. 2. When the petition came up on hearing on admission before this Court, after hearing learned advocate appearing for petitioner and for the respondents, it was pointed out to both of them that if the record is not available as per the report received from the office of TILR, then how the record to be constructed or re-constructed in the office of TILR, because to construct the record at least copies of the original record must be available somewhere, but there are no chances to that effect. In the premise, it was requested by learned advocate for 3 petitioner that if this is the position about the record, the writ petition may be disposed of with directions to the Trial Court, by the way the progress of the suit stopped before the Trial Court at least will be progressed further. In view of this, the writ petition to be disposed of with following directions : 1. In case an application is moved before the Trial Court i.e. the Court of Civil Judge, S.D.Latur in whose Court RCS No. 19/1996 is pending, by either of the parties to appoint the TILR as the court commissioner for the measurement of the subject suit land, then on that application, the TILR may be appointed as a Court Commissioner with directions to measure the land according to Law. 2. With these directions, writ petition stands disposed of with no order as to costs. (A.V.POTDAR, J.) khs/wp7410-08