(1) WP. 8437.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8437 OF 2009 Ishak Nawab Shaikh .. Petitioner VERSUS Maidabee Turabsab Shaikh and anr. .. Respondents Mr. M.L. Dharashive, Advocate for the Petitioner ... CORAM : R.M. BORDE, J. DATED : 13TH APRIL, 2010 PER COURT:- 1] The application tendered by the petitioner- original defendant seeking appointment of Commissioner in the pending suit, has been rejected by the trial Court in view of the order dated 06.02.2009 and the said interlocutory order passed during the continuance of the suit, is the subject matter of challenge in this Petition. 2] It is pointed out by the counsel appearing for the petitioner that recording of evidence has not yet commenced. Considering the progress of the suit, the petitioner-original defendant need to be granted liberty to renew his request at appropriate stage, after recording of evidence by all the parties is (2) WP. 8437.2009 concluded. If the petitioner-original defendant finds is appropriate to extend request for measurement of the suit property through the D.I.L.R., he may renew his request and the trial Court after considering all relevant circumstances, may consider such request on it's own merits and in accordance with law. 3] At this interim stage of the proceedings, no interference is called for in the impugned order. The Writ Petition stands rejected. Sd/- (R.M. BORDE, J.) arp