1 wp-10512.11.sxw lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10512 OF 2011 Shri Anna Narsu Magdum and anr. : Petitioners versus Shri Shamrao Gunda Magdum : Respondent. Mr. P M Arjunwadkar for the Petitioners. CORAM : R M SAVANT, J. DATE : 09th December 2011 P.C. 1 The order impugned in the above Petition is one dated 26/4/2011 passed by the Civil Judge Junior Division Kurundwad allowing the application filed by the Respondent herein i.e. the Defendant in the suit for appointment of Court Commissioner. The said Application has been allowed on the ground that the suit filed by the Petitioners herein who are the original Plaintiffs is one for removal of encroachment, and therefore, the report of T I LR who has been appointed as the Court Commissioner would facilitate the adjudication of the dispute involved in the suit. In my view, though there is a report obtained by the Petitioners/Plaintiffs privately in respect of the measurement of their property i.e. Gat No.237, the report of the Court Commissioner which would obtained pursuant to the impugned order would facilitate the adjudication of the dispute involved in the said suit as the lands of both the Petitioners and Respondent are to be measured. In that view of the matter, no case for interdiction is therefore made out. The above Writ Petition is accordingly dismissed. [R.M.SAVANT, J]