MP 1 WP3023_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3023 OF 2010 Pandurang Aba Chavan ... Petitioner Versus Hari Aba Chavan ... Respondent Mr. Abhijeet J. Kandarkar for Petitioner. Mr. S. S. Patwardhan for Respondent. CORAM : B.R. GAVAI, J. TUESDAY, MAY 03, 2011 P. C. : The petitioner challenges the order dated 3rd February 2010 below Exhibit-17 in Special Darkhast No. 1 of 2007 thereby appointing the survey officer as a court commissioner for effecting the partition. This court vide order dated 19th April 2010 has directed that the court commissioner shall visit the property and submit a report in terms of Sub-Rule 2 to Rule 14 of Order XXVI of the Code of Civil Procedure. It has further been directed that the actual partition by metes and bounds shall not be effected until further orders. 2. In that view of the matter, the petition has served its purpose. The petition is disposed of with clarification that the learned Trial Court would continue the further proceedings by passing a final decree after considering a report of the court commissioner, in accordance with provisions of Rule 14 of Order XXVI of the CPC. 3. Petition disposed of in the aforesaid terms. (B.R. GAVAI, J)