1 wp4287.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4287 OF 2011 [ Govind s/o Dhondiram Kharatmol & Ors. vs. Jagannath s/o Venkati Wangwad. ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. C.R. Deshpande, Advocate for petitioners. Mr. V.D. Gunale, Advocate for respondent sole. CORAM : S.S. SHINDE, J. DATE : 1ST DECEMBER, 2011 PER COURT : . Heard the Counsel for the petitioners. 2. It is not in dispute that the date is fixed by the trial Court for final hearing of the suit. It is the contention of the Counsel for the petitioners that, unless there is joint measurement, issue involved in the suit, cannot be adjudicated properly and therefore, joint measurement 2 wp4287.11 is necessary, since the measurement carried out by the T.I.L.R. is disputed by the defendant. It is the contention of the defendant that, the measurement was only in respect of the land of the petitioner. Therefore, according to the Counsel for the petitioner, another application is filed for the joint measurement of the land of the petitioner and the defendant. 3. Learned Counsel appearing for the respondent vehemently opposed the application on the ground that, the earlier application at Exhibit-26 praying the same relief was filed and the same was rejected on 15-12-2007. The Counsel further submits that, since now the suit is fixed for final hearing, this Court may not interfere. 4. Upon hearing the Counsel for the parties, without expressing any opinion on the merits of the matter, in view of the rejection of the application on 15-12-2007 3 wp4287.11 for joint measurement, I am not inclined to entertain this writ petition, since the suit is riped for final hearing. However, it is made clear that, it will be open for the petitioner to agitate / argue the matter on the basis of the measurement carried out by the T.I.L.R. 5. Learned Counsel appearing for the petitioner submits that, it may be kept open for the petitioner to file appropriate application before the lower appellate Court in case the suit is decided against the plaintiff. In case such situation arises, liberty to the parties to file necessary application for agitating all the points. 6. Writ Petition stands rejected. [S.S. SHINDE, J.] sut/DEC11