1 wp10565.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 10565 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. U.M. Indani, Advocate for the petitioner. Mr. S.S. Chapalgaonkar, Advocate for respondent. 1. Heard Advocate Shri. U.M. Indani for petitioner- plaintiff and Advocate Shri. S.S. Chapalgaonkar for respondent-defendant. 2. During arguments, Advocate Shri. Indani stated that petitioner-plaintiff has no grievance, if the order appointing the Commissioner is restricted to find out whether the petitioner has raised his construction in area beyond one purchased by him i.e. 50 Ft. X 17 Ft. 3. Advocate Shri. Chapalgaonkar for respondent has no objection to such restrictions. He states that before trial Court, the petitioner-plaintiff has accepted to remove construction beyond such area, if it is noticed by Commissioner. 2 wp10565.10 4. In view of consent, it is apparent, the order dated 05.10.2010 below Exhibit-25 in R.C.S. No. 390 of 2009 can be modified accordingly. 5. Thus, the Commissioner appointed by the said order is directed to find out whether the petitioner has raised his construction in area beyond one purchased by him i.e. 50 Ft. X 17 Ft. 6. Writ Petition is thus partly allowed with no order as to costs. (B.P. DHARMADHIKARI) JUDGE. 13.01.2011 gas/wp10565.10