1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4520/2009. (Shaikh Abdul Kader Shaikh and Ors. Vs. Krushiutpanna Bazar Samiti, Georai and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.UM Indani, Adv. h/for Mr.MS Indani, Adv. for petitioners;' Mr.DJ Choudhari, Adv. for Resp.Nos.1 to 4. *** CORAM : K.U.CHANDIWAL ,J. DATE : 14 th October, 2010. .... 1) Heard. 2) The defendant moved an application for appointment of Cadestral Surveyor from the office of T.I.L.R. The learned Judge granted the same. The plaintiff has questioned its propriety. 3) The record, prima facie, illustrate, already measurement was caused by the plaintiff on 11.08.2005 and he did not even adhere to that measurement. The defendant also caused measurement under file No. 197/2005, which also the plaintiff is not in a position to act upon. Though the nature of the suit is for perpetual injunction, considering the grievance put forward by both the sides about the demarcation of the property, there was no option left to 2 the learned Judge than entertaining the application for appointing the Cadestral Surveyor to cause measurement. 4) No infirmity notice in the impugned order. Writ Petition lacks merits, dismissed. No costs. 5) Needless to add the T.I.L.R. will not be influenced by any observations of the learned Judge about specific holding of parties litigating. (K.U.CHANDIWAL) JUDGE bdv/