1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2365 OF 2010 Sandip s/o Babruan Salunke & another .. PETITIONERS VERSUS Dattatraya s/o Shahuraj Bodke & others .. RRESPONDENTS Mr. S.S. Manale, Advocate for the petitioners. ===== CORAM : R. M. BORDE, J. DATE : 12th APRIL, 2010 PER COURT : 1 Application tendered by the petitioners / original defendants seeking appointment of the TILR to measure the suit property and submit the report to the court has been turned down by the trial court in view of the order passed on 3-11-2009. 2 It is pointed out that earlier one advocate was appointed as Court Commissioner and in pursuance to the order passed by the court, the Court 2 Commissioner has conducted inspection and submitted report to the court. It appears that the defendant is not satisfied with the report submitted by the Court Commissioner and as such tendered application for appointment of the TILR. It is stated that the recording of evidence in the matter has not yet commenced. The court was therefore justified to turn down the application. At the stage of recording of evidence of the parties, the defendants may renew their request and, if, the court deems it appropriate, may consider the same and pass appropriate order. So far as the instant petition is concerned, no interference is called for. Petition stands rejected. 3 In view of dismissal of the petition, pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE) JUDGE dyb/wp2365.10.odt