that the Courts are normally
reluctant to appoint a Commissioner for noting physical
features of the suit schedule property, particularly in a suit
for injunction ... properties taking assistance from a qualified
surveyor and also note the physical features of the property
in question is qualified. The words incorporated
Commissioner for local inspection of the suit schedule property and to note physical features and boundaries of schedule property while considering prayer for ad interim ... Court to appoint an Advocate Commissioner for local inspection or for noting physical features as it amounts to gathering evidence. The trial Court in this
appointment of an Advocate Commissioner for noting down physical features and thereupon, Kum. Swarna Rajyalakshmi, Advocate, is appointed as Commissioner. She visited the plaint schedule ... note these features. The plaintiff can certainly take the assistance of the Court to have the physical features of the property noted by an Officer
under Order XXVI Rule 9 of
C.P.C . to note down the physical features of the suit property and the
same was allowed ... note down the physical
features.
11. As rightly held by the learned trial Court if the physical features
are noted down by the commissioner
maintainable because of an earlier order appointing advocate
commissioner to note down the physical features.
6. Aggrieved thereby, the present revision petition is filed ... collect evidence; that the earlier advocate commissioner was
appointed to note down physical features of the property and therefore
another advocate commissioner cannot be appointed
that the
Courts are normally reluctant to appoint a Commissioner for
noting physical features of the suit schedule property, particularly
in a suit for injunction ... Commissioner as even an exparte
Advocate Commissioner for localization and noting of physical
features can be appointed at the time of filing suit and delay
property and fix boundaries is misconceived, cannot be entertained
and noting down physical features of schedule property is nothing but collection
of evidence. The respondents ... permanent
injunction
or in a suit for injunction simplicitor, to note down physical features amounts
to
collection of evidence. A similar view was expressed
physical features
noting etc.,
6. The lower Court went wrong in saying in a suit for
injunction, the purpose to note down the physical features ... gathered there or the like, that
is prohibited and not noting of physical features.
7. Having regard to the above instead of passing any
order
Procedure praying the Court to appoint an Advocate Commissioner to note down the physical features of the suit schedule land. In the affidavit filed ... that the Courts are normally reluctant to appoint a Commissioner for noting physical features of the suit schedule property, particularly in a suit for injunction
appointment of an Advocate Commissioner, to note down the physical features. Through the order under revision, the trial Court appointed a Commissioner.
3. Learned counsel ... entitled for permanent injunction; and the question of noting down the physical features in such matters does not arise. He contends that the purpose
