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ORDER I.A.No.II filed by the DHR under Order XXVI Rule 9 of Code of Civil Procedure is hereby allowed and accordingly, court commissioner is appointed.

ADLR, Mudigere Taluk, is hereby directed to appoint qualified surveyor to conduct Commission work to hold local inspection so as to conduct the survey of decree schedule property, to note the encroachment if any in the same and to submit report in that regard.

Commissioner fee is tentatively fixed at Rs.3,000/-.

Both parties are hereby directed to file their respective memo of instructions by: 05.12.2024."

2. Learned counsel for the petitioner-judgment debtor on instructions submits that instead of the ADLR appointing one more person appointing a surveyor to conduct the commission work, the impugned order may be modified by directing the ADLR, Mudigere Taluk, to himself conduct a survey and submit a report.

NC: 2026:KHC:5145 HC-KAR

3. The said submission is placed on record.

4. Learned counsel for the respondent-decree holder submits that he has no objection for the impugned order to be modified by appointing an ADLR instead of a surveyor for the purpose of conducting commission work.

5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition without interfering with the impugned order and by issuing certain directions:

6. In the result, I pass the following:

ORDER

(i) The petition is disposed of without interfering with the impugned order.

(ii) The Executing Court is directed to appoint the ADLR, Mudigere Taluk, himself as the Court Commissioner for the purpose of conducting local inspection/survey of the execution schedule property.

(iii) Liberty to file memo of instructions, objections, if any, to the Commissioner's Report and also to NC: 2026:KHC:5145 HC-KAR examine/cross examine the Court Commissioner, if they so desire.