1 W.P. No. 6567.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 6567 OF 2009 Asaraji S/o Yadavrao Pawar & another ..PETITIONERS. VERSUS Tukaram S/o Sahebrao Pokle & Ors ..RESPONDENTS ... Shri A.M. Dabir, Advocate for petitioners. Shri R.B. Narwade, Advocate for respondent No. 1 CORAM :- S.V. GANGAPURWALA JJ. DATE:- 8th July, 2011. PER COURT: Heard Shri Dabir, learned counsel for the petitioners and Shri Narwade, learned counsel for respondent No. 1. 2. The present Writ Petition is filed against the order of Trial Court, rejecting the application filed by the petitioners for appointment of Court Commissioner. Shri Dabir learned counsel submits that, whenever there are 2 W.P. No. 6567.09 boundary disputes, it is always desirable to get the land measured through T.I.L.R.. The learned counsel submits that the Trial Court has committed an error, while rejecting the said application. The learned counsel further contends that the Trial Court has not considered the application filed by the petitioners in its correct perspective, it was in fact, for measurement. It is not that whenever an application is made for appointment of Court Commissioner, it is made for collecting evidence. 3. Shri Narwarde, learned counsel for respondent No. 1 submits that the order passed by the Trial Court does not suffer from any error of jurisdiction. The application was for collecting evidence and not for measurement of both the lands. 4. The suit is for perpetual and mandatory injunction. It appears that there is a dispute about the boundaries. In such disputes, the assistance of expert is normally taken. On perusal of the application, it is manifest that 3 W.P. No. 6567.09 the said application is not for measurement of the land of petitioners and the respondents, but it is for a limited purpose. It is also trite law that Commissioner cannot be appointed to collect the evidence. The Trial Court, while passing the order also observed that in the instant application the plaintiff has not prayed for measurement of the land, but wants to measure only 1 Guntha of land. I do not see any error committed by the Trial Court, while rejecting the said application. 5. The petitioners are at liberty to move appropriate application for appointment of T.I.L.R., to measure the lands of petitioners and respondents, which application the Trial Court shall consider on its own merits. 6. The Writ Petition is accordingly disposed of with afore said observations. [S.V. GANGAPURWALA, J ] SDM*