wp11515.10 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 11515 OF 2010 Shivajirao s/o Jagjivanrao Bawane ...Petitioner Versus Jitesh s/o Shivajirao Gange and others ...Respondents ..... Mr. T.M. Venjane, advocate for the petitioner ..... CORAM: S. S. SHINDE, J. DATED: 22ND DECEMBER, 2010 PER COURT:- 1 Learned counsel for the petitioner submits that there are two maps placed on record before the trial court. One is prepared at the instance of petitioner herein by the T.I.L.R. and another is prepared on the application of the respondent. According to the counsel for the petitioner, there is variance in two maps about the suit property and also about boundaries. 2 However, upon hearing counsel for the petitioner and upon perusal of contents of the application, which was filed for appointment of Court Commissioner, the averments as stated above, are not taken wp11515.10 -2- in the application. As a result, it appears that the trial court adjudicated the said application and rejected the same. Now at this stage, it is not possible for this Court to accept contentions, which were not raised in the application filed before the court below for appointment of Court Commissioner. The petitioner seeks permission to withdraw this petition with liberty to file comprehensive application before the trial court for appointment of the Court Commissioner and for joint measurement. It is made clear that this writ petition is allowed to be withdrawn with liberty to the petitioner to file fresh application stating therein all contentions which are raised in this petition. 4 Writ petition stands disposed of on the terms indicated above. ( S. S. SHINDE. J.) rlj/