(1) WP. 1713.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1713 OF 2010 Shrikrishnabhagwan S/o Vishnu Ghodke and others .. Petitioners VERSUS Shivaji S/o Shankarrao Ghodke .. Respondent Mr. V.D. Kadam, Advocate for the Petitioners ... CORAM : R.M. BORDE, J. DATED : 13TH APRIL, 2010 PER COURT:- 1] Order passed by the trial Court appointing T.I.L.R. as Commissioner for carrying out measurement of land gat no. 97 and 98 to ascertain the extent of encroachment and submit the report thereof, is subjected to challenge in this Petition. The suit presented by the plaintiff-respondent is in respect of removal of encroachment. After recording evidence of the parties it transpired that initial measurement conducted by the trial Court was in respect of one of the property and that too without issuing notices to the adjoining owners. Considering the facts and circumstances of this case and considering the ratio laid down by this Court in the case of Kashinath Vs. Haribhau reported in 2004(2) Mh.L.J. 722 the trial (2) WP. 1713.2010 Court directed appointment of T.I.L.R. as Commissioner to measure the disputed property and submit report thereof. 2] On perusal of the order I am of the view that the trial Court was justified in directing appointment of Commissioner. No case is made out for causing interference in the interlocutory order. The Writ Petition is devoid of substance and stands rejected. Sd/- (R.M. BORDE, J.) arp