1 wp 5123.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5123 OF 2011 Sarangdhar Dada Tare .. Petitioner Versus Mohd. Tamijoddin Mohd Nizamoddin Died L.Rs. Mohd Raziuddin Md Tamijoddin and others .. Respondents Shri M. K. Deshpande, Advocate for the Petitioner. CORAM : S. V. GANGAPURWALA, J. DATE : 14TH JULY, 2011. PER COURT : . The petitioner is the original plaintiff who filed a suit for injunction and declaration that the entries of land record are illegal and further seeks a relief that prior to correction in the land and thereafter direction to defendant No. 4 be given for fixing the boundaries of Sy. No. 42 and 62/1 i. e. gat No. 95, 96 and 98. 2. During the pendency of suit the petitioner moved an 2 wp 5123.11 application for appointment of S. L. R. as Court Commissioner for measurement of disputed property. The said application is rejected. Aggrieved thereby the petitioner has filed the present petition. 3. Shri Deshpande, the learned counsel for the petitioner submits that no prejudice would be caused to respondents if the Court Commissioner is appointed to measure the land. One of the prayer of the petitioner is to fix the boundaries and measure the land. There was no impediment for the Court to allow the application as that would assist the Court in effective adjudication of the dispute. 4. The Trial Court while rejecting the application has observed that to fix the boundaries is one of the final relief claimed by the petitioner. Moreover, the plaintiff will have to first show that at the time of cause of action he was in possession of the property and the situation and condition of the property. 5. Even the petitioner seeks relief of correction of entry in the land record. Even if the measurement is carried out it would be as per the record available, when the petitioner himself seeks 3 wp 5123.11 correction of land record. The measurement as per the existing land record would not be relevant for the petitioner. 6. The petitioner will have to first prove his case and then the petitioner can move the similar application which the Court would consider on its own merits. The writ petition is accordingly dismissed, however, with no order as to costs. [ S. V. GANGAPURWALA, J. ] bsb/July 11