1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1554 OF 2009 Narayan s/o Santram Amte, Age: 45 years, Occ: Agri., R/o. Anjanvati, Tq. & Dist. Beed. .. Petitioner Versus Smt. Mahujabai w/o Dhondiba Kakade, Age: 61 years, Occ: Household & Agri., R/o. Anjanvati, Tq. & Dist. Beed & Ors. .. Respondents ... Mr. B.A. Dhengale, Advocate for petitioner. ... CORAM : K.K. TATED, J. DATE : 6TH OCTOBER, 2009. PER COURT : 1. Heard learned Counsel for the petitioner. Though the respondents are served, no one appeared on behalf of them when the matter called out. 2 2. By this petition under Article 227 of the Constitution of India, the petitioner is challenging the order dated 01-09-2009 passed by the 3rd Joint Civil Judge, Junior Division, Beed below Exhibit-87 in R.C.S. No.243/2003. By this order, the trial Court rejected petitioner - original plaintiff's application under Order 26 Rule 9 of the Code of Civil Procedure for appointment of Cadestral Surveyor for the measurement of the suit land. The petitioner- original plaintiff filed R.C.S. No. 243/2003 in the Court of Civil Judge, S.D. Beed for declaration and perpetual injunction in respect of Gat No. 601 admeasuring 1 Hector and Gat No. 784 admeasuring 22 Ares at village Anjanvati, Taluka & District Beed. 3. It is the case of the petitioner that the respondents-original defendants are encroaching upon the suit land and therefore, he filed application for the appointment of Cadestral Surveyor to measure the suit land to find out 3 exact area in his possession. It is the case of petitioner that when consolidation scheme was effected in that area, suit land was not measured by revenue authority and therefore, it is necessary to appoint Cadestral Surveyor for measurement of the suit land. 4. The trial Court rejected petitioner's application on the ground that the petitioner's appeal in respect of disputed area of the suit land, is already pending before the D.I.L.R. for correction in acreage in respect of Gat Numbers of the suit land. The trial Court rightly rejected the petitioner's application on the ground that the petitioner can move before the D.I.L.R. for expedite hearing of his appeal which is pending. In that appeal only, the correction of the acreage in respect of the Gat Numbers of the suit land can be done. Therefore, I do not find any substance in the present Writ Petition to interfere under Article 227 of the Constitution of India. Therefore, 4 Writ Petition is dismissed with no order as to costs. [ K.K. TATED, J.] sut/OCT09/wp1554.09