SANJAY KISAN THORAT Vs. RAMCHANDRA PARSU THORAT

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Patil, learned counsel for the Petitioners, and Mr. Yadav, learned counsel for the Respondents.

(2.) By this Writ Petition, filed under Article 227 of the Constitution of India, the Petitioners are challenging the order dated 28th November 2017 passed by the 6th Joint Civil Judge, Junior Division, Karad, below "Exhibit-39" in Regular Civil Suit No.311 of 2017.

(3.) The application at "Exhibit-39" was filed by the RespondentsPlaintiffs for appointment of T.I.L.R. as a 'Court Commissioner', to bring on record the factual position, like the existence of house, bio-gas, toilet, open space, agricultural land, two water chambers, pipeline, trees of Mango and Coconut etc. This application was opposed by the Petitioners herein contending that, Respondents are trying to collect evidence by appointment of 'Court Commissioner' and the suit land is already measured by T.I.L.R. himself.