1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3398/2010 Smt. Shakuntala Gurusingh Motghare -: VERSUS :- baburao Damduji Meshram and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 10, 2010. Heard M.F. Khan, learned Counsel for petitioner and Shri R.R. Shrivastava, learned Counsel for respondents. Shri Khan, learned Counsel points out that the petitioner / plaintiff wants to bring on record extent of encroachment and he also states that in view of the continuous activity of construction going on, appointment of Commissioner is necessary to determine the exact extent thereof. He has relied upon the judgment of this Court reported at 2009 [5] Mh.L.J. 279 (Vijay Shrawan Shende and others .vrs. State of Maharashtra and others) to substantiate his contentions. Shri Shrivastava, learned Counsel has tendered 2 reply. According to him dispute is about kaccha construction of compound wall by the present respondents/defendants. He further states that the examination-in-chief of plaintiff /petitioner is completed and she is not cross examined yet. According to him, effort at this stage is to collect evidence on record. The learned Trial Court has rightly appreciated the controversy. I am not inclined to interfere at this stage in writ jurisdiction. However, after the evidence of parties is over, in case petitioner / plaintiff finds that he still needs Commissioner to be appointed to bring on record the extent of encroachment, he is at liberty to move that application at that stage. The trial Court shall in that event consider such request independently without being influenced by the orders dated 28.06.2010 passed below Exh. Under Order VI Rule 9 of C.P.C. It is clarified that all contentions of parties in this respect are kept open for consideration. With these directions, Writ Petition is disposed of. No costs. JUDGE Rgd.