1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2485 OF 2009 1) Hasan s/o Gulab Shaikh, R/o-Pingewadi, Tq-Shevgaon, Dist-Ahmednagar, 2) Ibrahim s/o Rasool Shaikh, R/o-Pingewadi, Tq-Shevgaon, Dist-Ahmednagar, 3) Fattulal s/o Vazir Shaikh, R/o-Pingewadi, Tq-Shevgaon, Dist-Ahmednagar, 4) Nazir s/o Jamal Shaikh, R/o-Pingewadi, Tq-Shevgaon, Dist-Ahmednagar, 5) Ashfaq s/o Jalal Shaikh, R/o-Pingewadi, Tq-Shevgaon, Dist-Ahmednagar. ...PETITIONERS. VERSUS 1) Ramesh s/o Nivrutti Dhakne, R/o-Pingewadi, Tq-Shevgaon, Dist-Ahmednagar 2) Krishnakant s/o Ramesh Dhakne, Age-Minor, Under Guardianship of Sow. Ranjanabai w/o Ramesh Dhakne, R/o-Pingewadi, Tq-Shevgaon, Dist-Ahmednagar. 3) Sarjerao s/o Aba Dhule, R/o-Pingewadi, Tq-Shevgaon, Dist-Ahmednagar. ...RESPONDENTS. 2 .... Mr.S.S. Sayyad Advocate for Petitioners. Mr.V.A. Dhakne Advocate for the Respondents. .... CORAM: K.K. TATED, J. DATE: 27TH JULY, 2009. PER COURT: 1. By this Petition under Article 227 of the Constitution of India, the Petitioner - original plaintiff challenges the order dated 1st April, 2009 passed by Civil Judge, Junior Division, Shevgaon below Exhibit 35 in Regular Civil Suit No.231 of 2008. The Petitioner filed Regular Civil Suit No.231 of 2008 for perpetual injunction against the Respondents along with application for temporary injunction restraining them from obstructing in the work of repairing the Masjid. For the purpose of identifying the suit property, as it is not disclosed properly in the plaint, the Respondent filed application Exhibit 35 under Order 26 Rule 9 of the Code of Civil Procedure for appointment of Commissioner and same came to be allowed by the trial Court. 3 2. The trial Court by order dated 1st April, 2009 appointed the Commissioner for preparing map of the suit property along with the factual position of the land. The reasons given by the trial Court in Para 5 of the impugned order are very clear. The trial Court has passed order only for the purpose of preparing map and submitting the factual position of the suit property. Under Article 227 of the Constitution of India, orders passed by the trial Court and Revisional Court can set aside only on limited ground, namely, illegality, irrationality and procedural impropriety. I do not find any substance in the present Writ Petition which challenges the impugned order dated 1st April, 2009. Writ Petition is dismissed summarily. [K.K. TATED, J.] asb/JULY09/wp2485.09