{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4548 OF 2010 Subhash s/o Dulaba Jaybhaye Petitioner Versus Bhaskar s/o Govind Kale & another Respondent Mr.A.S.More, advocate for petitioner Mr.Y.V.Kakade, advocate for respondents CORAM : R.M.BORDE, J. DATE : 6 th September, 2010 PER COURT: 1 An application tendered by the plaintiff at Exhibit-41 requesting the trial Court to appoint D.I.L.R. for the purposes of measuring disputed property has been turned down by the trial Court in view of the order passed on 03.04.2010. 2 Suit presented by the plaintiff is for recovery of possession of encroached portion from defendants. The earlier measurement conducted by the measuring officer is disputed by the plaintiff. In the suit presented for the purposes of recovery of encroached portion, it is desirable that the disputed property shall be got measured in presence of both the parties by appointing the D.I.L.R. as Court Commissioner. The trial Court, while passing the impugned order, in para 3 of the order, has observed that the application tendered by plaintiff before commencement of the evidence need not be considered and said application has been turned down. {2} 3 It is advisable, in the facts and circumstances of this case, to examine the plaintiff on oath and thereafter if the plaintiff finds it essential, he may renew his prayer for appointing the D.I.L.R. as Court Commissioner to measure the disputed property. Since the matter pertains to recovery of encroached portion, the trial Court would consider such request favourably. 4 In view of the liberty granted as above, instant petition needs no consideration. 5 Writ Petition, therefore, stands rejected. R.M.BORDE JUDGE adb/wp454810