1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1520 OF 2010 Sangitabai w/o Bhausaheb Chindhe Petitioner Versus Ramkisan s/o Shahu Karhale & others Respondents Mr.A.P.Bhandari, advocate for the petitioner. Mr.A.S.Bajaj, advocate for Respondent No.1. CORAM: R.M.BORDE, J. DATE : 22nd March, 2010. P.C.: 1 An application tendered by petitioner -original plaintiff seeking appointment of Court Commissioner / measuring officer for measuring disputed property has been turned down by the trial Court and said order is subject matter of challenge in this petition. 2 Petitioner – original plaintiff has presented Regular Civil Suit No. 121/2008 claiming decree of perpetual injunction against defendants. It is not necessary to deal with the factual aspects involved in the matter, suffice it to say that petitioner presented an application seeking appointment of Court Commissioner for measuring disputed property. Application was opposed by respondents – defendants on various grounds and the trial Court, after considering rival contentions, turned down the request made by petitioner. 3 It is stated by learned Counsel appearing for petitioner that recording of evidence of petitioner – plaintiff has been completed and 2 defendants have opened their case and started leading evidence. 4 Without observing anything in respect of merits of the controversy involved in the matter, I am of the opinion that petitioner may, if he desires, present an application, after recording of evidence of defendants is over, for reconsideration of his request for measuring the land through Commissioner or may make a request for permitting measurement on his own and may place report thereof on record. If such an application is made, the trial Court may, if deemed necessary and after taking stock of evidence, consider same in accordance with provisions of law. There is no reason to cause interference at this stage. 5 Petition stands dismissed. (R.M.BORDE) JUDGE ******* adb/wpwp152010