1 WP 1298/2011 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1298 OF 2011 Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Girish Togani for the petitioners. Mr. Sachin U. Dhakephalkar for the respondent. CORAM : D.G. KARNIK, J DATE : 3RD AUGUST 2011 P.C. : 1. In a suit for injunction filed by the petitioner, he applied to the trial Court for appointment of a Court commissioner for measurement of the land alleging that the defendant was trying to encroach upon the land of the plaintiff. The order rejecting the application for appointment of Court 2 WP 1298/2011 commissioner is impugned in this petition. 2. In my view, the plaintiff could have applied for the measurement of the land through DILR/TILR, whom he seeks to be appointed as a Court commissioner even without the intervention of the Court and could have produced his report in the trial Court and examined him as a witness. Further more, the plaintiff has not complied with the provisions of Order 7 Rule 3 of the Code of Civil Procedure as amended and applicable in the State of Maharashtra. The Bombay amendment provides that in case of an encroachment, a sketch should also be produced with the plaint. If it is the case of the plaintiff that the defendant was encroaching upon a portion of the property, he should have attached a sketch showing his property and the portion over which there was an 3 WP 1298/2011 encroachment by the respondent. Instead of doing his own home work, he sought to get the land measured through DILR/TILR by appointing him as a Court commissioner which the trial Judge has rightly rejected. No interference is called for in exercise of extraordinary jurisdiction under Article 227 of the Constitution of India. Writ petition is rejected. (D.G. KARNIK, J.)