1 W.P.No.8845/11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8845 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.S.P. Urgunde, advocate for the petitioners. CORAM : S.V.GANGAPURWALA,J. Date : 24.11.2011. PER COURT : 1. Heard. 2. The present Respondent had filed a suit simpliciter for injunction restraining the defendants from obstructing the possession over land bearing S.No.329/5. The present petitioners filed an application for appointment of T.I.L.R. as Court Commissioner to measure his land S.No.362 and to show the existence of Babhul trees and fix Bandh between the land of the plaintiff and defendants. The said application is rejected. Aggrieved thereby, the present petition is filed. 3. Mr.Urgunde, learned counsel for the petitioner submits that it is necessary to appoint the Court Commissioner and measure land S.No.362 to show the existence of the Babhul trees and fix 2 W.P.No.8845/11 boundaries. The present Respondent/original plaintiff has measured his own land in collusion with the T.I.L.R.. The learned counsel further contends that if the boundaries of the land of the plaintiff and the defendants are fixed, that would assist the Court in coming to a just conclusion. The Court could not have rejected the application on the ground that S.No.362 is not a suit land. 4. The suit is only simpliciter for injunction, that too in respect of property bearing S. No.359/5. The Court has observed that it is for the plaintiff to establish his case. The report of the T.I.L.R. would not be admissible and can not be relied unless the T.I.L.R. is examined. The said stage is yet to come. Moreover, there is no impediment for the present petitioners to get the land measured through T.I.L.R. and submit the report and lead evidence to that effect. 5. In view of the above, no case for interference is made out. As such, the Writ is dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.24.11.2011. asp/office/wp8845.11 3 W.P.No.8845/11