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(PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners.

2. The petition is filed assailing the order dated 06.11.2025 appointing the Court Commissioner in a suit for declaration, possession and injunction.

3. The plaintiffs have filed a suit alleging encroachment of the suit property by the defendants. The plaintiffs relied upon the report of the Assistant Director of Land Records (ADLR), which was prepared before the suit is filed. The survey sketch is marked to examine the ADLR, summons was issued. ADLR did not turn up despite service of summons. Hence, the plaintiffs filed application to appoint a Survey Commissioner to measure the property to substantiate their contention relating to alleged encroachment by the defendants.

4. Since the defendants have objected to the report of the ADLR which is marked, the plaintiffs sought the appointment of the Court Commissioner to prove the contention relating to NC: 2025:KHC-D:16505 HC-KAR encroachment and they probably felt that they could not prove the report as the ADLR did not turn up for examination-in-chief.

5. Under these circumstances, the Trial Court has allowed the application for appointment of the Survey Commissioner to measure the suit properly.

6. Learned counsel appearing for the petitioners would contend that the application is filed at a belated stage when the case is posted for arguments and having marked the earlier ADLR report, the Court could not have appointed a Survey Commissioner to measure the property.

7. The Court has considered the contentions raised at the Bar and perused the records.

8. It is indeed true that the earlier report of the ADLR is produced and marked by the plaintiffs. However, the ADLR did not turn up to lead evidence on the report. Since the defendants have taken a contention that the report is incorrect, probably the plaintiffs wanted to examine the ADLR to prove the correctness of the report. Since the ADLR did not turn up, the plaintiffs were NC: 2025:KHC-D:16505 HC-KAR left with no other choice of moving one more application to appoint the surveyor to measure the property.

iii. The petitioners and respondents are permitted to file memo of queries to be answered by the ADLR.
Sd/-
(ANANT RAMANATH HEGDE) JUDGE CLK/CT:BCK ILR 2023 KAR 3983