1 WP No.5819/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5819 of 2010 Chandrabhaga Mohan Bhoir & ors. ... Petitioners versus Ashok Janardan Bhoir (deceased) Sangita Ashok Bhoir and ors. ... Respondents ... Mr. S.S. Redekar for the petitioners. CORAM : D.G. KARNIK, J. DATED : 16th August 2010 P.C. 1. Heard learned counsel for the petitioner. 2. by this petition, petitioners challenge the order dated 5 February 2010 passed by the trial Court rejecting the petitioners’ application for appointment of a fresh Court Commissioner as an appellate authority for re-measurement of the land. 3. The order being interlocutory, I am not inclined to interfere. Even otherwise, order requires no interference. Petitioners are the original plaintiffs. In their suit for removal of an encroachment, defendants denied encroachment and requested the Court to appoint a Court 2 WP No.5819/10 Commissioner. The Court Commissioner was appointed who carried out the measurement and submitted the report. According to the petitioner, report of the Court Commissioner is not proper and Taluka Inspector of Land Records (TILR) who was a government officer and surveyor had no authority to take help and/or delegate any of his work to his sub- ordinate in the office. The ultimate prayer in the application is for appointment of a superior officer of the government as an appellate authority to be the new Court Commissioner. Court Commissioner report may be accepted or rejected by the Court after considering all the evidence. Court cannot appoint another Court Commissioner as an appellate authority over the report of the Court Commissioner. The trial Court committed no error in rejecting the prayer for appointing appellate surveyor (Nimtana) as a fresh Court Commissioner. Writ Petition is rejected summarily. (D.G. KARNIK,J.)