1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4185 of 2010 Smt.Kashibai Gana Mhatre & ors. ... Petitioners versus Mr.Sachin Mirane & ors. ... Respondents ... Mr.S.D.Patil for the petitioners. CORAM : D.G. KARNIK, J. DATED : 15th June 2010 P.C. 1. Heard. 2. By this application, the petitioner challenges the order dated 25th February 2010 passed by the 2nd Joint Civil Judge, Jr. Division, Thane rejecting the plaintiff’s application for appointing Taluka, Importance of Land Record (for short “TILR”) as a Court Commissioner for measurement of the alleged encroached portion. 3. The petitioners have filed a suit alleging that the defendants have encroached upon their property. Under Order 7 Rule 3 of the Code of Civil Procedure, the plaintiffs were required to give description of the encroached property. According to the petitioner, petitioners have given 2 proper description of the encroached portion and have also produced the map showing the encroachment. According to the petitioners, they had got the suit property measured by TILR by making an application to him prior to institution of the suit. The TILR measured the property and submitted his plan showing an encroachment of 597.18 sq.m. Copy of the map is already produced on record. 4. In view of the fact that property has already been measured by TILR prior to the institution of the suit, I see no reason for appointing TILR as a Court Commissioner for measurement of the suit property. In my view, there is no reason to interfere in the order passed by the learned trial Judge refusing to appoint TILR as a Court Commissioner for measuring the property as that would be an empty exercise and duplication of the work done by the very Officer. 5. Writ Petition is accordingly rejected summarily. (D.G. KARNIK,J.)