1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10079 of 2009 Shri Ashraf Hasan Shaikh ....Petitioner v/s. Shri Mushtaque Ahmed Abdullah Bhoje & anr. ....Respondents Mr. Girish G. Togani for the petitioner. CORAM:- A.M.KHANWILKAR, J DATED:- January 07, 2010. P.C. This Petition under Article 227 takes exception to the order passed by the Civil Judge, Junior Division, Bhiwandi dated 29th August, 2009. By the said order two separate applications came to be rejected by the trial Court being Exhibit 177 and 179. In so far as Exhibit 177 is concerned, the relief claimed was for framing of additional issues. The trial Court has noted in Paragraph 5 of the impugned Judgment that the issue is already framed. That finding is acceptable to the Petitioner. In other words, the Petitioner is not insisting for framing of additional issues before this Court. The only challenge in the 2 present Petition is to order passed below Exhibit 179 whereby the request of the Petitioner for appointment of T.I.L.R. for measurement and to submit report came to be rejected. The Court below has noted that T.I.L.R. Bhiwandi was already appointed to measure the suit land and he has submitted the report. For that reason, it was not necessary to appoint T.I.L.R. Bhiwandi afresh for the same purpose. The grievance of the Petitioner is that the report submitted by T.I.L.R. has been prepared behind the back of the Petitioner without giving notice to the Petitioner. Besides, the Petitioner has already filed objection to the said report before the trial Court. If so, there is no reason to entertain this Petition. For, the objections to the T.I.L.R.’s report already submitted by the Petitioner will have to be decided by the trial Court one way or the other on its own merits. 2. In the circumstances, this Petition is disposed of with the above observations. (A.M.KHANWILKAR, J)