1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Letters Patent Appeal No.291 Of 2010 In Civil Application No.13737 Of 2010 In Writ Petition No.2562 OF 2010 With Civil Application No.15080 Of 2010 Shashikant s/o Narayanrao Chidrawar. ... Appellant. Versus Sudhir Sudhakarrao Deshpande And Another. ... Respondents. -------- Shri. P.G. Godhamgaonkar, Advocate for appellant. -------- CORAM:NARESH H PATIL & SHRIHARI P. DAVARE, JJ. DATE: 16th NOVEMBER, 2010 PER COURT : 1) Heard. 2) The learned counsel appearing for the appellant submitted that the learned Single 2 Judge has committed patent illegality in passing order dated 30-7-2010 in the writ petition and order dated 20th October 2010 passed in review - Civil Application No.13737 of 2010. Though the appellant did not remain present, his consent should not have been presumed in passing the order dated 30-7-2010. The counsel submits that in the light of the provisions of Order 26 Rule 10-A of the Code of Civil Procedure, the appointment of Taluka Inspector of Land Records as Court Commissioner at this stage was not warranted. The trial Court was justified in rejecting the application. 3) We have perused the order passed on 30-7-2010 and the order in review. From the proceedings of the writ petition it is found that the present appellant though served was absent. The other co-defendants were served 3 and represented by learned lawyer. The learned Single Judge disposed of the writ petition by recording consent of the parties. The order challenged in the writ petition was set aside. The learned Single judge has observed that parties will be at liberty to raise objections as regards the report of TILR. Review Petition was also reject by the learned Single Judge by a reasoned order. 5) We find that interest of the appellant is protected. He can raise objections to the report. We do not find any glaring error or perversity in the impugned order. The Letters Patent Appeal is dismissed. The civil application stands rejected. Sd/- Sd/- (SHRIHARI P. DAVARE, J.) (NARESH H PATIL, J.) rsl/ lpa.291.10