1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 8364 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 8364 OF 2010 *** 1. Heard Advocate Shri Mahesh R. Sonwane for Petitioners/ defendants, Advocate Shri Kharde along with Shri B. V. Wagh for the Respondent. 2. In suit for removal of encroachment, trial Court has appointed Commissioner under Order XXVI Rule 9 C.P.Code. By placing reliance upon various judgments advocate Sonwane contends that before filing said suit Respondent/ plaintiffs ought to have got the land measured from some expert and placed it before the trial Court. He states that this is nothing but collection of evidence by Respondent/ plaintiffs. 3. Advocate Shri Kharde states that the trial Court, after considering relevant material, has appointed Commissioner and this Court should not interfere. 4. In reply, without prejudice to other 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 8364 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. contentions, Advocate Sonwane has contended that in any case entire Gat No.237 ought to have been measured. 5. As suit is for removal of encroachment it is apparent that the premises need to be admeasured through some expert. Accordingly, trial Court has appointed T.I.L.R. for that purpose. It has also directed him to measure respective portions of plaintiffs and defendant, after considering situation in entire Gat No.237. 6. Evidence of parties is yet to begin. Hence, interest of justice can be met with by directing T.I.L.R. to conduct measurement in relation to entire Gat No.237 and in that light to measure respective portions of plaintiffs and defendant before the trial Court. 7. The impugned order dated 15th July, 2010 passed below Exhibit-26 by Civil Judge, Junior Division, Shevgaon in Regular Civil 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 8364 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Suit No.56 of 2009 is modified only to that extent. 8. Petition is thus partly allowed. In the circumstances of the case, there shall be no order as to costs. [B.P.DHARMADHIKARI, J.] Dated:14/02/2011. ans/8364