1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2969 OF 2010. Gangli Rajaram Aarke -: VERSUS :- Devesh Ramchandra Khobragade and another. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : SEPTEMBER 06, 2010. Heard Shri R.J. Shinde, learned Counsel for petitioner and Shri V.R. Choudhari, learned Counsel for respondents. Rule is made returnable forthwith with consent of parties. The petitioner / plaintiff is seeking leave to cross examine the Commissioner as his report on encroachment is not accepted by him. Shri Choudhari, learned Counsel appearing for respondents/defendants states that the respondents also want to cross examine the Commissioner as that report is not acceptable to them. In this situation, Shri Shinde, learned Counsel states that the petitioner/plaintiff will first cross examine the said Commissioner and thereafter the defendants/respondents should be permitted to cross examine him. 2 Shri Choudhari, learned Counsel has no objection to this arrangement. Accordingly the petitioner / respondent is permitted to cross examine him. The order of Trial Court rejecting the application of petitioner for permission to cross is set aside, as the trial Court has found that the report of Commissioner has not been proved on its record by either of the parties. The parties state that the Commissioner was appointed as Court Commissioner. In view of this position, the said order dated 23.03.2010 passed below Exh.105 is quashed and set aside. The trial Court to proceed further as mentioned above. Writ Petition is allowed. Rule is made absolute in the aforesaid terms with no order as to costs. JUDGE Rgd.