1 W.P.No.9334/11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.9334 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.P.S.Paranjape, advocate for the petitioner. CORAM : S.V.GANGAPURWALA,J. Date : 08.12.2011. PER COURT : 1. Heard. 2. The suit for partition and separate possession came to be filed by the present petitioner. During the pendency of the suit, the petitioner filed an application for measurement. The said application is rejected. Aggrieved thereby, the present petition is filed. 3. Mr.Paranjape, learned counsel for the petitioner submits that in fact, during the life time of the father, the parties were residing separately in particular portion and if measurement takes place at this stage, it would be an aid in passing the decree and the parties may even settle the matter. There is variance between the two maps produced on record. In view of that, it would be in the fitness 2 W.P.No.9334/11 of things to appoint Commissioner to measure the area in occupation of each party. 4. The said exercise can be done by the Court if the Court decrees the suit and final decree proceedings are taken up. It will be too premature at this stage to ask for measurement. If the Court comes to the conclusion that the plaintiff has a specified share in the property then naturally the Court will have to pass a preliminary decree and in final decree proceedings, the said exercise can be done. 5. In view of above, no case for interference is made out in Writ jurisdiction of this Court under Article 227 of the Constitution of India. 6. In view of above, the Writ petition is dismissed. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) Dt.08.12.2011. asp/office/wp9334.11 3 W.P.No.9334/11