Kadlubhai Bhagubhai Patel vs Bahadubhaikalabhai on 20 September, 2018
4. Learned advocate for the petitioners
submitted that the court below was not justified in
ordering the measurement as prayed for. It was
submitted that the plaintiffs were required to prove
their case and the measurement was not necessary.
Learned advocate for the petitioner further relied on
decision of Madras High Court in Muthusamy Gounder v.
Mylsmy Gounder [2006 (5) CTC 433], in which case the
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C/SCA/14050/2018 ORDER
court commissioner was appointed to aid the court to
assess the evidence. It was held that the court could
not have appointed advocate commissioner in
mechanical manner. It was noted that the revenue
officials have already demarcated the area.