1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6005 OF 2009 Rahimbaksh s/o Abdul Kader Bagwan, Age: 76 years, Occ: Agri., R/o. Ter, Tq & Dist. Osmanabad & Anr. .. Petitioners Versus Abdul Sattar s/o Abdul Kader Bagwan, Age: 56 years, Occ: Agri., R/o. Ter, Tq & Dist. Osmanabad. .. Respondent ... Mr. R.V. Naiknavare, Advocate for petitioners. ... CORAM : K.K. TATED, J. DATE : 10TH SEPTEMBER, 2009. PER COURT : 1. Heard learned Counsel for the petitioners. 2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners 2 are challenging the order dated 18-06-2009 passed by the Joint Civil Judge, J.D., Osmanabad below Exhibit-100 in R.C.S. No. 287/1993. 3. The petitioners are the original plaintiffs. They filed R.C.S. No. 287/1993 for declaration that the petitioners are the owners and possessors of the land Gat No. 213 to the extent of 10 Acres 7 Gunthas situated at village Ter Tal. Osmanabad. In the said suit, the petitioners preferred application below Exh. 100 dated 18-02-2008 for measurement of the suit land through T.I.L.R. Osmanabad. 4. At the time of rejecting the petitioners' application for appointment of Commissioner, the trial Court observed that the Court Commissioner was already appointed and he carried out measurement of the suit land Gat No. 213 and also adjoining land Gat No. 212 and submitted map on record and therefore, it is not necessary to appoint second Court Commissioner. 3 5. Learned Counsel appearing on behalf of the petitioners submitted that previous Court Commissioner has not demarcated portion of land which is actually allotted and in possession of the petitioners, as per partition deed dated 21-09-1973 and therefore, it is necessary to appoint another Court Commissioner for demarcation of the suit property as per partition deed dated 21-09-1973. 6. The trial Court specifically observed that for getting demarcation of the land allotted to the share of the petitioners in partition, the petitioners have to move survey authority to give effect to the partition. 7. In view of this fact, it is not necessary to appoint second Court Commissioner. The petitioners are at liberty to move Surveyor for demarcation of the property as per partition deed dated 21-09-1973. Therefore, I do not find 4 any substance in the present Writ Petition to interfere with the order dated 18-06-2009 passed by the trial Court. Writ Petition is dismissed summarily. [ K.K. TATED, J.] sut/SEP09/wp6005.09