Megha 22_wp_1960_2018 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1960 OF 2018 Suresh Bhanwarlal Jain and Ors. ...Petitioners V/s. Mahmood Mazhar Kazi and Ors. ...Respondents ________________ Mr. C.G. Gavnekar (through vc) with Mr. Ashutosh Gavnekar and Mr. Rohit Parab for the Petitioners. Mr. D.G. Dhanure for Respondent No.1. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 2 SEPTEMBER 2026. P.C.: 1) The Petition challenges order dated 3 February 2015 passed by the Civil Judge, Junior Division, Mangaon, rejecting the Application filed by the Defendants at Exhibit-68 for conduct of fresh measurements on account of failure on the part of the Court Commissioner to conduct measurements in accordance with order dated 7 October 2013. 2) Mr. Gavnekar, the learned counsel appearing for the Petitioners submits that the Court Commissioner (TILR) has prepared the map only on the basis of possession, which was not mandated to him under order dated 7 October 2013. Page No. 1 of 2 2 September 2026 2026:BHC-AS:36373 Megha 22_wp_1960_2018 3) Mr. Dhanure, the learned counsel appearing for the original Plaintiff submits that even the Plaintiff is not satisfied with the measurements map prepared by TILR. He submits that even the Plaintiff’s sale deed is required to be taken into consideration while preparing fresh measurement map. 4) Since both the parties are desirous of conduct of fresh survey, in my view, the Trial Court ought to have allowed Application at Exhibit-68. 5) The Petition accordingly succeeds. Order dated 3 February 2015 is set aside. Application at Exhibit-68 is allowed in terms of prayers made therein subject to the condition that the entire cost of measurements shall be borne by the Defendants. While conducting the measurements, the Court Commissioner shall keep in mind the directions issued in order dated 7 October 2013 and shall take into consideration the Sale Deed dated 15 October 1984, the Sale Deed executed in favour of the Plaintiffs as well as Sale Deed executed in favour of the Defendants. 6) With the above directions, Writ Petition is allowed and disposed of. There shall be no order as to costs. [SANDEEP V. MARNE, J.] Page No. 2 of 2 2 September 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 05/09/2026 13:12:01