IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 13 WRIT PETITION NO. 3662 OF 2022 Nabisab Maheboob Jamadar VERSUS Hari Tukaram Birajdar And Others ... Advocate for the Petitioner : Mr. Chavan S. B. And Halkude S. S. AGP for Respondents-State: Mr. S. G. Joshi Advocate for Respondents No.1 to 3 : Mr. Wakure Sambhaji S. ... CORAM : ROHIT W. JOSHI, J. Dated : September 23, 2026 PER COURT :- 1. Learned counsel for the petitioner seeks permission to withdraw the present Writ Petition with liberty to file an appropriate application for appointment of a Court Commissioner for measurement of the respective lands of the defendants, if such measurement is found necessary in view of the evidence that may be led by the parties. 2. It appears that an application for appointment of a Court Commissioner for measurement of the respective lands was earlier rejected by the learned Trial Court on the ground that such an application ought not to be filed before completion of the evidence of both sides. 3. Learned Trial Court has placed reliance upon the judgment of this Court in Dnyandeo Vithal Salake and others Vs. Dagadu kadar Page 1 of 2 2026:BHC-AUG:43388-DB 13 WP 3662-2022 Inamdar, reported in 2017 (3) Mh.L.J. 314, which deals with a similar situation and holds that application for appointment of Court Commissioner should be filed after evidence of both sides is concluded. 4. In view of the above, the Writ Petition is disposed of as withdrawn, with liberty to the petitioner as prayed for. ( ROHIT W. JOSHI, J. ) vj gawade/-. Page 2 of 2