( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2668 OF 2010 Amol s/o Rajkumar Tantak PETITIONER VERSUS Anil s/o Popat Wade RESPONDENT ..... Mr. B.V. Wagh, advocate for the petitioner. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 8th June, 2010] PER COURT : 1. Heard. 2. By the impugned order, application (Exh-28) filed by the plaintiff in suit (R.C.S. No. 66/2008) came to be allowed. The application was for appointment of Court Commissioner for measurement of the land in question. The plaintiff asserted that a part of his land is encroached over by the petitioner (defendant). The temporary injunction application was rejected by the trial Court. The application for appointment of Court Commissioner came to be allowed on the ground that the ( 2 ) area of alleged encroachment could be verified. The Court has appointed the T.I.L.R. to measure the land. There is no perversity found in the impugned order. The learned advocate for the petitioner submits that the application was filed with a view to collect evidence and the appointment is likely to cause prejudice to the petitioner. I do not think it proper to hold that the intention of the respondent (plaintiff) was to collect the evidence. There is no substance in the petition and hence, it is dismissed. No costs. [ V.R. KINGAONKAR ] JUDGE NPJ/wp2668-10