1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2316 OF 2010 Gangaram Ragho Mahajan & another .. PETITIONER VERSUS Ramchandra Narayan Mali & others .. RESPONDENTS Mr. U.S. Malte, Advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 19th MARCH, 2010 PER COURT : 1 Request made by the petitioners / original plaintiffs seeking appointment of Court Commissioner for measuring the disputed property has been turned down by the trial court in view of the order passed on 1-2-2010. It is recorded by the trial court that there was already measurement conducted by the TILR and the map of the TILR is placed on record. It is open for the plaintiffs to examine the concerned measuring officer on their behalf. 2 2 Considering the reasons recorded in the order passed by the trial court on 1-2-2010, in exercise of writ jurisdiction under Article 227 of the Constitution of India, I do not find it appropriate to cause interference at this interlocutory stage. However, after leading evidence, if the plaintiffs deem it necessary, they may renew the request by tendering application to the trial court and the trial court may on consideration of all the relevant circumstances as well as considering the objections that could be raised by the respondents / original defendants, if any, may consider the request in accordance with provisions of law. Petition stands rejected. 3 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp2316.10.odt