941.WP.11280.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.11280 OF 2021

DATTATRAY MOHAN GIRI THROUGH HIS POWER OF ATTORNEY

LAXMIBAI DATTATRAY GIRI

VERSUS

SHANKAR PANDITRAO PATIL AND OTHERS

...

Advocate for Petitioner : Mr. N.J. Patil

...

CORAM

: MANGESH S. PATIL, J.

DATE

: 12.10.2021

PER COURT :

Heard the learned advocate Mr. N.J. Patil for the petitioner.

2.

The petitioner is the original plaintiff who is claiming perpetual

injunction restraining the respondents defendants from obstructing his

possession over the suit property.

3.

By moving Application (Exhibit-88) at his request the trial court

appointed TILR Ausa as a Court Commissioner for carrying out

measurement and for fixing the boundaries. Accordingly the TILR carried

out the measurements and submitted a report inter alia showing that it is

the petitioner who is in possession of a portion of respondent'

s land. Since

by the order the Court Commissioner TILR was directed to merely fix the

boundaries but he having shown the encroachment, the petitioner made

another application requesting the court to direct a remeasurment by the

TILR. That Application was rejected. He ther