1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.175 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.N.S. Kadam, Advocate for petitioners. Shri.S.R. Dheple, Advocate for sole respondent. .... CORAM: K.K. TATED, J. DATE : 23RD AUGUST, 2010. 1. Heard learned Counsel for the parties. 2. The petitioners - original defendants filed this petition under Article 227 of the Constitution of India, challenging the order dated 29-09-2009 passed by the Civil Judge, Junior Division, Phulambri, on petitioners' application under Order 26 Rule 9 of the Code of Civil Procedure dated 03-08-2009 in Regular Civil Suit No. 194 of 2008. By 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders the impugned order, the trial Court directed the T.I.L.R. to measure the suit field Gat No. 470 and 371 at the cost of the petitioners - defendants and submit report. The trial Court further passed order that till completion of measurement, the petitioners - defendants are restrained from alienating or making any work or construction over disputed portion of the suit field mentioned in plaint. 3. The learned Counsel appearing on behalf of the petitioners submits that the T.I.L.R. already completed measurement work and handed over report dated 15-04-2010 alongwith map to the petitioners. The learned Counsel appearing on behalf of the petitioners further submits that the petitioners paid costs of the measurement to the Court Commissioner. 3 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 4. In the present petition, the petitioners are challenging the order passed by the trial Court directing the petitioners to pay costs of the measurement in respect of land Gat No. 470. As the measurement is already completed by T.I.L.R. and the petitioners already paid the costs, and the impugned order passed by the trial Court was for limited period i.e. till completion of measurement work by the T.I.L.R., nothing survives in the present petition and same is dismissed. No order as to costs. [K.K. TATED,J.] sut/AUG/wp175.10