APPASAHEB Vs. LAHANU RAMCHANDRA CHOLKE

JUDGEMENT

(1.) HEARD the learned Advocates for the respective sides for quite some time. Rule. Rule made returnable forthwith by consent of the parties.

(2.) THE petitioners are the original defendants. RCS No. 361/2009 was filed by the respondent/plaintiff for recovery of possession of the encroached land, which is pending before the Trial Court. A T.I.L.R. had earlier carried out the measurement of the suit land on 18/08/2009 and had drawn a map based on the said measurement, in the presence of both the parties, which was placed on record in the suit. The respondent/plaintiff has led oral evidence and the same has accordingly been recorded. The evidence of the plaintiff/respondent is now closed and the stage is for the defendants to step into the witness box. The petitioners had cross -examined the T.I.L.R. on his measurement report dated 25/08/2009 and the map.

(3.) THE petitioners contend that the impugned order does not reflect any reasons. The same is a cryptic order. The Trial Court has failed to apply its mind to the application filed by the petitioners and therefore the impugned order be quashed and set aside.