1 Wp no.4117/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4117 of 2010 Shivaji Ramchandra Patil ... Petitioner versus Shri Uddhav Ishwara Patil ... Respondent ... Mr.S.M.Kamble for the petitioner. CORAM : D.G. KARNIK, J. DATED : 14th July 2010 P.C. 1. by this petition, petitioner challenges the interlocutory order dated 16 February 2010 passed by the learned Joint Civil Judge, Jr. Division, Shirala granting the application of the respondent for appointment of a Court Commissioner. 2. Respondent filed a suit against the petitioner for removal of an encroachment on his land. Petitioner is contesting the suit and has contended that there is no encroachment. Consequently, respondent made an application to the Court for appointment of a government surveyor (Taluka Inspector of Land Records) (for short “TILR”) as a Court Commissioner. The Court granted the application and appointed TILR as Court Commissioner. 2 Wp no.4117/10 3. In my view, report of a TILR would help the court in determining the real controversy between the parties as to whether there has been an encroachment as alleged by the plaintiff. Since the report of the court commissioner would aid and assist the court in deciding the matter in controversy, the court was right in appointing the court commissioner. There is no merit in the writ petition which is hereby rejected summarily. (D.G. KARNIK,J.)