( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3784 OF 2010 Dr. Amrutlal Chandanmal Lune PETITIONER VERSUS Dr. Balasaheb Kondiram Kolate and another. RESPONDENTS ..... Mr. V.D. Sapkal, advocate for the petitioner. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 27th April, 2010] PER COURT : 1. Heard learned counsel. 2. The counsel submits that the possession of the petitioner is unnecessarily being disturbed though the respondents were under obligation to erect the wire fencing around the property which was sold to them by the petitioner and as shown in the map which is part and parcel of the sale-deed dated 20th March, 2007. The Misc. Civil Appeal is pending before the learned District Judge. The learned District Judge is directed to consider the application for appointment of the Court ( 2 ) Commissioner, if made by the petitioner, within period of two (2) weeks and thereafter, to direct the Commissioner to fix the boundaries as per the sale-deed and to erect barbed wire fencing, initially at the cost of the petitioner, which ultimately can be divided or recovered, as may be finally directed. The Misc. Civil Appeal shall be decided on its own merits within period of three (3) months thereafter. With these directions, the writ petition is disposed of. No costs. [ V.R. KINGAONKAR ] JUDGE NPJ/wp3784-2010