(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 9950 OF 2010 1. Dattatray s/o. Bapurao Kakade, Age : 76 years, Occupation : Agriculture, R/o. Kinhi, Taluka : Ashti, District : Beed. 2. Ajinath Dattatray Kakade, Age : 35 years, Occupation : Agriculture, R/o. Kinhi, Taluka : Ashti, District : Beed. 3. Vaijinath Dattatray Kakade, Age : 29 years, Occupation : Agriculture, R/o. Kinhi, .. Petitioners Taluka : Ashti, (Original District : Beed. defendants) versus 1. Mukundrao s/o. Marotirao Kakade, Age : 73 years, Occupation : Agriculture, R/o. Kinhi, Taluka : Ashti, District : Beed. 2. Nanasaheb Mukundrao Kakade, Age : 34 years, Occupation : Agriculture, R/o. as above. (2) 3. Civil Judge (Junior Division), Ashti, Taluka : Ashti, District : Beed. .. Respondents 4. Taluka Inspector of Land Record, (Nos.1 and 2 - Ashti, Taluka : Ashti, Original plaintiffs) District : Beed. ....................... Mr. N.L. Jadhav, Advocate, for the petitioners. Mr. K.J. Ghute Patil, Assistant Government Pleader, for respondent nos.3 and 4. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 5TH JANUARY 2011 ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. Taken up for final hearing by consent of parties. 2. The learned Counsel appearing for the petitioners seeks leave to join Civil Judge (Junior Division), Ashti, and Taluka Inspector of Land Record, Ashti, as parties respondents. Leave granted. Necessary amendment be carried out forthwith. The learned Assistant Government Pleader accepts notice, upon rule, on behalf of the added respondents. (3) 3. As no order adverse to the interest of respondent nos. 1 and 2 is being passed, service of notice, upon rule, on the said respondents is waived. 4. The grievance of the petitioners / defendants is that though a court commissioner was appointed and the court commissioner / office of Taluka Inspector of Land Record has submitted report of measurement to the court, before proceeding with the suit, copy of the measurement report has not been supplied to them. The petitioners had, therefore, moved an application to the office of T.I.L.R., requesting to supply copy of the measurement report. The office of T.I.L.R. has rejected that application. It is also grievance of the petitioners, that though the learned Presiding Officer of the trial court directed the Registry, by order dated 21-8-2010, to issue certified copy of the measurement report, the same has not been issued so far. The grievance of the petitioners is that in the absence of copy of the measurement report, the petitioners / defendants are not in a position to defend themselves. 5. Considering the totality of facts and circumstances, I find that prayer of the petitioners / defendants is innocuous. I find that the respondent nos.1 and 2 / plaintiffs would not be, in any way, prejudiced if copy of the report of the court (4) commissioner and map is supplied to the petitioners / defendants, as sought by them. 6. In the result, Writ Petition is partly allowed. The learned Civil Judge [Junior Division], Ashti (District : Beed) is directed to issue copy of report of the court commissioner and map, filed in Regular Civil Suit No. 148/2007, to the petitioners / defendants, as expeditiously as possible, and in any event, within a period of three weeks from today. 7. Rule is made absolute accordingly with no order as to costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp9950