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3. The respondent No.1 had filed a Suit in O.S. No.568/1998 for partition and separate possession which came to be decreed on 18.11.2004 in FDP No.7/2021 was filed before NC: 2024:KHC-D:189 the Principal Civil Judge and JMFC, Athani. The said court, on an application in IA No.5 filed under Section 54 of the Code of Civil Procedure ['CPC' for short] appointed the ADLR, Athani to propose a scheme of partition in the suit land as per the modified preliminary decree dated 29.08.2023. Thereafter, a report came to be submitted by the ADLR. on 4.11.2023. Respondent No.2 therein, who is the petitioner herein filed his objections stating that the survey was not carried out by the ADLR but was carried out by a Taluka surveyor, the ADLR did not have any power to delegate his power to a subordinate officer and on that ground sought for rejection of the report submitted by the Commissioner.

4. The FDP Court vide order dated 11.12.2023 dismissed the said application on the ground that the ADLR had been appointed for suggesting a suitable scheme for partition, the survey being carried out by a Surveyor is not a delegation of power by the ADLR. The ADLR has considered the survey report of the surveyor and thereafter proposed a scheme for partition. As such, the objections came to be rejected and the scheme submitted NC: 2024:KHC-D:189 by the ADLR was accepted by FDP court. It is aggrieved by the same that the petitioner is before this court.

5. The submission of Sri.S.S.Beturmath, learned counsel for the petitioner is that once FDP court had appointed the ADLR as the commissioner, it was for the ADLR to personally survey the property and then propose a scheme of partition which he could not have delegated to the Taluka surveyor. The Taluk surveyor having carried out the survey and not the ADLR, the scheme of partition proposed by the ADLR ought not to have been accepted by the FDP court.

6. Heard Sri.S.S.Beturmath, learned counsel for the petitioner and perused the papers.

7. A perusal of the order appointing the ADLR dated 15.09.2023 indicates that the ADLR was appointed as a Court Commissioner under section 54 of the CPC for proposing a scheme of partition in the suit land as per the modified preliminary decree dated 29.08.2023 and since the matter was more than ten years old and there were directions issued by this Court for early disposal of the FDP, the said Judge directed the office to write a letter to NC: 2024:KHC-D:189 the ADLR, Athani to conduct the survey work within 20 days and file his report without any delay. The ADLR was also called upon to demarcate the house properties, if any situate in the suit properties.