1 WP 8193.2011 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8193 OF 2011 Vishwanath S/o Bapu Amrutkar Age : 60 Yrs., Occ. : Business, R/o : N-11, C-4/216, HUDCO, Gajanan Nagar, Aurangabad. .... PETITIONERS V E R S U S 1. Jagdish Jairam Sonwane Age : 45 Yrs., Occ. Teacher in Zilla Parishad Primary School, R/o : N-11, C-4/216, HUDCO, Gajanan Nagar, Aurangabad. 2. Sow. Vaishali W/o Jagdish Sonwane Age : 40 Yrs., Occ. Household, R/o : N-11, C-4/216, HUDCO, Gajanan Nagar, Aurangabad. .... RESPONDENTS Mr. P.N.Sonpethkar, Advocate for the petitioner. Mr. Vinod P.Patil, Advocate for the respondents. CORAM : S.V.GANGAPURWALA, J. DATE OF JUDGMENT : 19/10/2011 2 WP 8193.2011 - [ J ] ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel, taken up for final hearing. 2. The petitioner is the original plaintiff, who had filed Suit for perpetual injunction in respect of plot No. 36. The defendants claim that they are owners of plot nos. 75. There is a dispute of exact location of the properties. The plaintiff and defendants filed joint application for appointment of T.I.L.R. as Court Commissioner to measure plot nos. 36 and 75. The said application is rejected. Aggrieved thereby, the present Writ Petition is filed. 3. Heard Mr. Sonpethkar, the learned counsel for the petitioner and Mr. Vinod P.Patil, the learned counsel for the respondents. 4. Taking into account the pleadings of the parties, it appears that there is a dispute about the identity of the properties. There are rival contentions in this regard about the exact boundaries of both the plots . In such circumstances, it would be in fitness of things to appoint the T.I.L.R. as Court Commissioner with directions to measure plot nos. 36 and 75 and to demarcate the same. The same would also assist the Court in arriving 3 WP 8193.2011 - [ J ] at the just conclusion. 5. In view of the above, the impugned order is quashed and set aside and the application [ Exh. 18 ] filed for appointment of T.I.L.R. as Court Commissioner is allowed. The Trial Court shall appoint the T.I.L.R., Aurangabad as a Court Commissioner to measure plot nos. 36 and 75 of S.No. 172/8 and 172/9 respectively situated at Harsul, Dist. Aurangabad with directions to demarcate the same. 6. The trial Court shall give further directions with regard to the payment of the charges of the T.I.L.R. and other incidental charges. 7. Rule is accordingly made absolute in above terms. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP WP 8193.2011 - [ J ]