(1) WP. 3679.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3679 OF 2010 Salim S/o Gafoor Pathan and others .. PETITIONERS VERSUS Shaikh Hayyum S/o Shaikh Rahim .. RESPONDENT Mr. I.G. Durrani, Advocate h/f. Mr. A.S. Barlota, Advocate for the Petitioners Mr. M.S. Choudhari, Advocate for the respondent ... CORAM : V.R. KINGAONKAR, J. DATED : 20TH JULY, 2010 ORAL ORDER:- 1. Heard learned counsel. 2. By this Petition, the petitioners challenge the rejection of his application for appointment of Court Commissioner. There is no dispute about the fact that house properties of the parties are in the proximity of each other. The properties bear city survey no. 732 and city survey no.733 and admittedly there is a middle lane between these properties. The dispute relates to width of the lane. According (2) WP. 3679.2010 to the petitioners, the width of lane is of 15’ whereas according to the respondent it is approximately 6’ to 7’. 3. Counsel for the petitioners seek to rely on "Kashinath Chindhuji Shastri Vs. Haribhau Nathuji Bawanthade 2006(Supp) Bom.C.R. 1018" a single Bench of this Court held that appointment of Court Commissioner would be necessary where there is absence of map of the site and encroachment is to be determined. In the present case, there is no question of encroachment by any of the party. The petitioners have filed a rough sketch which was drawn by the person after visiting the spot. Counsel would submit that the sketch is not in scale. The correctness of the map can be proved by the petitioners by examining the person who has drawn that map. It is nobody’s case that the respondent has encroached over the part of lane or tried to curtail the width of the lane. In such a case, appointment of Court Commissioner may not be called for. The petitioners are at liberty to place on (3) WP. 3679.2010 record the relevant public record of the village panchayat. The photographs of the site as well as the testimony of the person who has drawn the sketch which is appended with the plaint can be placed on record. There is no serious error committed by the trial Court. Petition dismissed. Sd/- [V.R. KINGAONKAR, J.] arp