1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.5045 of 2010 Maruti Raosaheb Kangude ... Petitioner versus Laxman Mallikarjun Chipade & ors. ... Respondents ... Mr. Ashutosh Kulkarni for the petitioner. CORAM : D.G. KARNIK, J. DATED : 9th July 2010 P.C. 1. Heard learned counsel for the petitioner. 2. By this petition, petitioner challenges the order dated 2 March 2010 passed by the Joint Civil Judge, Jr. Division, Barshi rejecting the petitioner’s (original plaintiff) application for appointment of court commissioner for measurement of the land. Previously, there was a litigation between the parties in Regular Civil Suit No.547 of 1978. The litigation was in respect of the road which is also the subject matter of the suit. The decision in the said suit has become final. In the circumstances, in a second suit, court commissioner cannot be appointed for measurement of the very property. Since the matter does 2 not relate to the maintainability of the second suit, it is not necessary to express any opinion about the maintainability of the present suit. Suffice it to say, the court committed no error in rejecting the application for appointment of court commissioner. There is no merit in the writ petition which is hereby rejected summarily. (D.G. KARNIK,J.)