*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9503/2009 Bhiva Chimaji Tarate. ..Petitioner -VERSUS- Babu Rama Yadav. ..Respondent ............... Mr.R.S.Kate, Advocate for the Petitioner. ............... CORAM: A.P. DESHPANDE, J. Dated 18th November, 2009. PC:- 1 The Respondent/ Plaintiff filed an application at Exhibit-25 before the Trial Court seeking measurement of Gat Nos.9, 10 and 11 at the hands of T.I.L.R.. The Trial Court being of the view that the measurement by the Commissioner would elucidate the point in controversy, has appointed the T.I.L.R. for measurement of the land. It is this order which is challenged by filing the present Writ Petition. 2 The controversy is that, according to the Respondent/ Plaintiff, the Petitioner/ Defendant is trying to dig the pits in the land owned by the Plaintiff whereas according to the Defendant, the pits are being dug in the land owned by the Defendant. The Plaintiff and the Defendant are adjacent owners of the land. In that view of the matter, it cannot be said that the Trial Court has committed any *2* illegality or impropriety in allowing the application for measurement. 3 The learned counsel for the Petitioner submits that prior to the present measurement, Gat No.10 was measured by the T.I.L.R. on 26.12.2006. In the first place the impugned order does not reveal any such contention being canvassed by the Petitioner before the Trial Court and in the second place, even if it is assumed that Gat No.10 was measured, same by itself would not throw light on the fact situation. It would be in the fitness of things that Gat Nos.9, 10 and 11 are measured. 4 In the result, Writ Petition is summarily dismissed. (A.P. Deshpande, J)