Shri. Shamrao Balwant Bodake (Deceaed Through Lrs.) v. Shri. Dinkar Shankar Bodake And ANR.

(2)-WP-6357-17.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.03.29 17:02:24 +0530 BALAJI GOVINDRAO PANCHAL WRIT PETITION NO.6357 OF 2017 Shri. Shamrao Balwant Bodake Since deceased through legal heirs Smt. Sonabai Shamrao Bosake and Ors.

..Petitioners

Versus

Shri. Dinkar Shankar Bodake and Anr.

..Respondents Mr. Abhijit M. Adagule, for the Petitioners.

Mr. Sandeep S. Koregave, for the Respondent Nos.1 & 2. CORAM : NITIN W. SAMBRE, J.

DATE : 25th MARCH, 2022 P.C.

1.

Since the suit is for recovery of encroached area which is not consistent with map which is also not in scale, petitioners moved an application in 2014 for measurement by appointing Court Commissioner which was allowed.

2.

However, order was not taken to its logical end because of technical reasons, which has prompted petitioners to take out another application, which is rejected vide impugned order. 3.

Issues in the suit are framed.

4.

Since the counsel for the petitioners in response to the Court's query submits that petitioners may be permitted to carry out BGP.

(2)-WP-6357-17.doc.

private measurement.

5.

As such, petition stands disposed of as withdrawn as prayed.

6.

The petitioners are at liberty to produce report of private measurement.

7.

In the aforesaid background, if so required, at subsequent stage, it shall be open for the petitioners to move for appointment of Court Commissioner in accordance with law and having regard to the fact that the earlier order for appointment of Court Commissioner was not questioned.

[NITIN W. SAMBRE, J.] BGP.