1 5532.11-wp IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. WRIT PETITION NO. 5532 OF 2011 Shri Balkrishna Bandu Jadhav. ... Petitioner. V/s. Shri Anil Vasantrao Shinge and another. ... Respondents. Dilip Bodke for the petitioner. CORAM: R.M.BORDE, J. DATED : 17th August 2011. P.C. : An application seeking appointment of Commissioner for measuring an encroached area has been turned down by the trial Court. The counsel for the petitioner informs that recording of the evidence in the matter is yet to commence. The petitioner/ original plaintiff may proceed to lead the evidence, oral as well as documentary, and after recording of evidence of the plaintiff, at an appropriate stage, if required, the petitioner may tender an application making out the case for appointment of Commissioner. The Court shall consider such an application, if tendered at appropriate stage, in accordance with law. Rejection of instant application would not be an impediment in consideration of such an application. 2. With these observations writ petition is disposed of. (R.M.BORDE, J.)