: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6879 OF 2008 Smt.Ratan Ankush Khade ... Petitioner V/s. Baburao Piraji Mane ... Respondent Mr.S.N. Deshpande for Petitioner Mr.K.B. Sonwalkar for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: 17TH JUNE, 2009 P. C.: 1. The petition has been filed against the order passed by the Civil Judge Senior Division on 10.6.2008. By this order, the learned Judge has refused to review his earlier order dated 23.1.2008 by which the order passed on Exhibit 14 was cancelled. The petitioner is the defendant in the suit filed before the trial Court. The plaintiff has filed the suit for possession of the land which he claims has been encroached by the defendant. An application was filed for re-measurement of the land by the defendant since he contended that the map which was produced by the plaintiff was incorrect. The Court had directed by the order dated 8.3.2005 that notice be issued to the Court Commissioner after the Commissioner’s fees are deposited by the defendant. It appears that the defendant deposited the fees only in 2007 and notice was issued thereafter. : 2 : 2. The trial Court in my opinion has rightly dismissed the application filed by the defendant since it appears that he has sought to prolong the matter on the ground that the measurements of the land claimed by the respondents are not correct. The reasons for rejecting the review application in my opinion are valid and require no interference of this Court. 3. Petition is rejected.