1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 376 OF 2009 Delaver Hussain Fazale Hussain and others. .. Petitioner Versus Rabiyabee Umar Khand and others. .. Respondents Mr. S.V. Gangapurwala, Advocate for the petitioner Mr. P.S. Agrawal, Advocate for respondent NO.1 Mr. P.M. Shinde,AGP for respondent No.3. CORAM : B.R. GAVAI, J. DATE : 16TH JUNE, 2009. ORAL ORDER :- 1. Rule. Rule made returnable forthwith. By way of present petition, the petitioner challenges the order dated 8th of December, 2008, vide which the learned Civil Judge Senior Division has directed appointment of T.I.L.R. as Court Commissioner to measure the plaintiff's plot. The main objection of the petitioner is 2 that the direction is sought to measure the land according to the plaint map. It is submitted that the plaint map is specifically denied by the petitioner and as such, the measurement on the basis of the plaint map would greatly prejudice the rights of the defendants. 2. Shri Agrawal, learned counsel for the respondent/plaintiff has no objection if the direction to make the measurement as per the plaint map is deleted. 3. In that view of the matter, the impugned order in so far as the direction to measure the plot as described in the plaint map, is deleted. It is needless to state that the court has not interfered with the rest of the directions. It is further needless to state that the report of the Court Commissioner would be on the basis of the actual position standing on the suit site. Rule made absolute in aforesaid terms with no orders as to costs. [B.R. GAVAI, J.] grt/