petitioner to prove the possession. The
appointment of Commissioners to note the physical
features or to undertake other related activities ... Though, the courts are normally reluctant to appoint Commissioner for
noting physical features of the suit schedule property particularly in a suit for
injunction since
petitioner to prove the possession. The
appointment of Commissioners to note the physical
features or to undertake other related activities ... Though, the courts are normally reluctant to appoint Commissioner for
noting physical features of the suit schedule property particularly in a suit for
injunction since
have a picture of
property to decide the encroachment. Therefore, noting physical feature
would not amount to collection of evidence and moreover, the application ... also note down as to what are all in existence in the suit
property. Noting down the physical features would not amount to culling
appointment of
an Advocate/Commissioner to note down the physical features of the suit
properties. The revision petitioners/defendants objected the said petition.
After hearing ... plaintiff
has filed the petition for appointment of Commissioner to note down the
physical features, which indirectly sought to find out the factum of
possession
there is no necessity to visit the property and note down
physical features for the reason that the issue involved in the suit is with ... third party. Therefore,
the appointment of advocate commissioner to note down physical features is
just and necessary and the defendants also not denied the alleged
seeking appointment of an
Advocate Commissioner to make note of the physical features of the schedule
property contending that the plaintiffs were changing the nature ... filed
an application for appointment of an Advocate Commissioner to note the
physical features of the property contending that they were not the same
seeking for appointment of Advocate Commissioner to note down the
physical features in and around the suit property. After perusing the
records, the Court below ... essential and necessary for appointing Advocate
Commissioner to note down physical features of the suit property, as
sought for by the plaintiff.
13. Taking into
village people. On
the very same ground, to note down the physical features, the petitioners have
filed an application for appointment of an Advocate Commissioner ... suit property, indirectly seeking to note down
the factum of possession under the pretext of
noting of the physical features. Such a reason
ought
seen whether appointment of
Advocate commissioner for localization, noting the physical
features and measurements of the suit schedule property will in any
way assist ... controversy, appointment of commissioner for
localization taking measurements and noting physical features, in
my considered view will not advance any purpose
relief of
appointment of Advocate Commissioner to note down the physical features of
the property and to survey the same with the help of Surveyor ... physical feature of the suit property.
Considering the main relief of the suit, the Advocate Commissioner's report in
respect of the Physical feature
