1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 67/2008 Sadashiv Narayan Sakhare Vs. Dr. Shriram Jagdeorao Tohare Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.P. LAVANDE, J. DATED : 04/08/2008. Heard Mr. Mohta, learned counsel for the petitioner and Mr. Thakkar, learned counsel for the respondent. By this petition, the petitioner challenges the order dated 22.9.2007 passed by Civil Judge, Jr. Dn. Telhara in Regular Civil Suit No. 62/2006 by which the application filed by the present petitioner for appointment of Cadastral Surveyor as Commissioner has been dismissed. The petitioner is the original plaintiff in the above suit filed against the respondent-defendant seeking relief for removal of encroachment. The plaintiff examined himself as PW 1, Rajendra Mankar as PW 2 and Suprao - Inspector of Taluka Land Records, Telhara as PW 3. Thereafter the plaintiff filed an application for appointment of Cadastral Surveyor as Commissioner on the ground that PW 2 Rajendra Mankar has 2 admitted that he has not measured lands of both the parties. The trial Court rejected the application on the ground that the plaintiff wanted to fill up the lacuna by getting the Commissioner appointed. Mr. Mohta, learned counsel for the petitioner seeks leave to withdraw the petition with liberty to the petitioner to file fresh application for appointment of any person other than Cadastral Surveyor as Commissioner to measure lands since the Commissioner proposed to be appointed has been examined as witness on behalf of the plaintiff. In view of the prayer made by Mr. Mohta, the petition is allowed to be allowed with liberty to the petitioner to file fresh application for appointment of any person other than Cadastral Surveyor as Commissioner to measure lands. If such an application is filed, the trial Court shall decide the same on its own merits. Interim relief granted on 17.1.2008 stands vacated. The parties shall appear before the trial Court on 8th September, 2008 at 11.00 a. m. The petition is allowed to be withdrawn, subject to the observations made above. JUDGE Ambulkar.