2909wp5062.09.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. WRIT PETITION NO.5062 OF 2009 SHRIKRUSHNA S/O AWADHUT MANKAR V/S RAJENDRA S/O WASUDEORAO TIRUKH AND ANR. ........................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................................ CORAM : R. K.DESHPANDE, J. DATE : 29. SEPTEMBER, 2011. This writ petition challenges the order dated 28.10.2009 passed by the Joint Civil Judge (Junior Division), Court No.2, Balapur, below Exh.101 in RCS No.12 of 2005. By this order, the trial Court has allowed Exh.101 by appointing Court Commissioner to take the measurement of the disputed encroachment of the construction and plot of the defendant as mentioned in the application. The objection to this order is that there was already Commissioner appointed who has submitted the report. If the TILR who is appointed as Court Commissioner to take the measurement submits that report, then it is open for the parties to raise an objection to the said report. The report submitted by the earlier Commissioner is already on record. If the objections are raised to the said report, then all such objections shall be decided by the trial Court and no interference is called for in the order impugned in this petition. Need less to say that .....2/- 2909wp5062.09.odt 2 such orders can be challenged in the event if the ultimate decision in the suit goes against them. The petition is dismissed. JUDGE BrWankhede ...../-