Shri. Pandharinath Punju Patil And ORS v. Shri. Govind Nagorao Birajdar And ORS

27.8732.15-wp FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8732/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Sudhir S. Hardikar for the petitioner CORAM : K. K. TATED, J.

DATE : JUNE 29, 2016 P.C.:

1.

Heard. After arguing for some time, the learned counsel for the petitioner submits that the petitioner may be permitted to file a fresh application for appointment of TILR to carry out survey of the suit property.

2.

Considering the submissions made by the learned counsel for the petitioner and after perusal of the orders dated 18.10.2014, 04.02.2015 and 06.09.2014 passed by the Trial Court, I am satisfied that the petitioner has made out a case for allowing the petitioner to make an application for appointment of TILR.

3.

Hence, Liberty granted to the petitioner plaintiff to make a fresh application for Basavraj G Patil 1/2

27.8732.15-wp appointment of TILR to measure the suit property and submit his report. If an application is made by the plaintiff, that to be considered by the Trial Court on its own merits.

4.

Writ Petition stands disposed of with these directions.

JUDGE Basavraj G Patil 2/2