1 SA 437/2010 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 437/2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.S. SHINDE, J. DATED : 14th December, 2011. Mr. K.M. Nagarkar, Advocate for the appellant. Mr. V.G. Shelke, A.G.P. for respondent Nos. 1 and 4. 1. Heard learned counsel appearing for the appellant. It appears that the measurement which was carried on by the D.I.L.R. who was appointed as Court Commissioner, is not after due notice to the other side. The lower appellate court, in para 13 of the impugned judgment, observed that the observations of the Court Commissioner i.e. D.I.L.R. appears to be on the basis of information given to him by the plaintiff and supporting to him and therefore, the appeal filed by the appellant came to be rejected. 2. Learned counsel appearing for the appellant submits that the appellant will file application for fresh measurement with D.I.L.R. office and then on the basis of said measurement by the office of the D.I.L.R., he may be given liberty to approach Civil Court afresh. The prayer is reasonable. The main reason 2 SA 437/2010 recorded by the lower appellate court to dismiss the appeal, appears to be that the report of the D.I.L.R. i.e. Court Commissioner is prepared on the basis of information given to him by the plaintiff and supporting to him and the defendants were not given notice at the time of measurement of the suit property. Therefore, I am inclined to dispose of second appeal with liberty to the appellant to approach Civil Court afresh after getting suit land measured from the competent authority. The second appeal is disposed of with liberty to the appellant to approach Civil Court afresh after getting suit land measured from the competent authority. [S.S. SHINDE,J.] ts k/Dec.2011/14th/sa437.11