1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 1566/2011 (Dhanraj U. Patkar & another VERSUS Uttamrao S. Patkar & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.D. Bhuibhar, counsel for the petitioners. CORAM : SMT. VASANTI A. NAIK, J. DATE : MARCH 30 , 2011 . Heard. There is no infirmity in the impugned order passed by the Ad-hoc District Judge-I, Akola on 19.01.2011 rejecting an application filed by the petitioner for appointment of a Court Commissioner for measurement of the suit land. The respondent had filed a suit for permanent injunction, which was decreed by the trial Court and in an appeal filed by the petitioner against a judgment and decree, the application for appointment of Commissioner was filed. The first appellate Court rightly did not grant the prayer made in the application as it was not the case of the plaintiff that the defendant had encroached upon the land of the plaintiff and it was the suit simplicitor for grant of permanent injunction. Though the petitioner had pleaded that the plaintiff had encroached upon his land, the petitioner had not filed any counter claim and, hence, the matter did not pertain to any encroachment by the parties. In the facts of the case, the Ad-hoc District Judge-I, Akola rightly rejected the application filed by the petitioner for appointment of the 2 Commissioner for measurement of the land. Though the reasons recorded by the first appellate Court for rejecting the application may not be just and proper, the rejection of the application cannot be faulted with, in the facts and circumstances of the case. Since the petition is devoid of merit, the same is dismissed with no order as to costs. JUDGE APTE