(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 8083 OF 2010 Rajabhau @ Rajesaheb Bhimrao Veer, Age : 60 years, Occupation : Agriculture, R/o. Moha, Taluka : Kallam, .. Petitioner District : Osmanabad. (Original plaintiff) versus Shaikh Aameen Dagadu Kureshi, Age : 75 years, Occupation : Agriculture & Business, R/o. Moha, Taluka : Kallam, District : Osmanabad, .. Respondents and 3 others. (Original defendants) ....................... Mr. S.T. Ghute, Advocate, for the petitioner. Respondent nos.1 to 4 served (Absent). ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 27TH APRIL 2011 (2) COURT'S ORDER : 1. Heard Adv. Mr. S.T. Ghute, for the petitioner. None for the respondents though duly served. 2. The petitioner has challenged the order dated 18-2-2010, passed by the learned IInd Joint Civil Judge (Junior Division), Kallam, below Exhibit 71 in Regular Civil Suit No. 25/1995, thereby allowing the application filed by respondent no.2 seeking appointment of court commissioner. 3. In a suit filed in the year 1995, appointment of commissioner was sought by the defendant, pointing out that boundaries of property disclosed in plaint and also in possession of defendant appear to be distinct. After hearing respective parties, trial court appointed commissioner. 4. The appointment of court commissioner was opposed by the present petitioner by pointing out earlier adjudication in Regular Civil Suit No. 256/1986. The trial court has found that the reasons given in that judgment may not be binding upon it. The present position of suit is not known and impugned order dated 18-2-2010 was questioned before this court in Writ Petition which came to be filed on 9th August 2010. (3) 5. In view of this position, I am not inclined to interfere at this stage. With liberty to the petitioner / plaintiff, to challenge the impugned order, after suit is finally decided, if occasion therefor arises, present petition is disposed of. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp8083