Heard Shri Patwardhan, learned counsel for the petitioners Shri Vaidya, learned counsel for the respondent. Rule. Rule is made returnable forthwith with the consent of the parties.

2. This is a petition filed seeking to quash and set aside the order dated 18.7.2008 passed by the learned Civil Judge, Junior Division, Kalmeshwar, in Regular Civil Suit No. 110 of 2004, whereby the Commissioner was appointed under Order 26, Rule 9 of Civil Procedure Code. It is the case of the petitioners that the respondent has filed a suit against the petitioners for restoration of possession and recovery of damages and to remove the encroachment and to place the respondent in vacant possession of the suit field as prayed for in the suit. The petitioners filed their written statement disputing the claim of the respondent as well as his contention that they had encroached upon his property. During the course of the proceedings, the respondent filed an application under Order 26, Rule 10A of Civil Procedure Code read with Section 151 of Civil Procedure Code, stating that there is a dispute regarding the area and boundary of the field of the respondent and as such it was necessary to appoint a