MAHADEO KONDIBA SHINDE Vs. NITIN SAKHARAM SHINDE

JUDGEMENT

(1.) By consent, heard finally at admission stage.

(2.) Being aggrieved by order dtd. 19/11/2018 passed by the learned Joint Civil Judge, Junior Division, Patoda below Exh.40 in Regular Civil Suit No. 69 of 2012, the petitioner-original defendant has preferred this writ petition.

(3.) The respondents have instituted Regular Civil Suit No. 69 of 2012 for declaration of ownership and decree of perpetual injunction in respect of the suit property bearing land Survey No. 16/2/AA totally admeasuring 7 Hectare 37 R to the extent of 4 Hectare 22 R situated at Sautada, Tq. Patoda, District Beed. The petitioner, as the original defendant, has resisted the said suit by filing written statement. Pending the suit, respondent No.1 filed an application Exh.40 for appointment of Deputy Superintendent of Land Records, Patoda as a Court Commissioner. By impugned order dtd. 19/11/2018 passed below Exh.40, the trial court has allowed the application directing the T. I. L. R. Patoda to carry out the measurement and fix the boundaries of the land of the petitioner and the respondents. Hence, this writ petition.