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1 - 3 of 3 (0.34 seconds)The Code of Civil Procedure, 1908
Shamanna Setty vs B.L. Channegowda on 14 July, 2006
2. Learned counsel for the petitioner submits that
as per the Commissioner warrant issued at Annexure 'F',
Taluka Surveyor, Bangarpet, was appointed as a
Commissioner for the purpose of ascertaining whether
the decreetal property was demolished or not. He
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submits that no notice was issued before visiting the
spot and apart from that Commissioner warrant is not
executed by Taluka Surveyor. He further submits that as
per the decision reported in ILR 2006 KAR 3588
(SHAMANNA SETTY vs. B.L.CHANNEGOWDA), the Court
Commissioner has no right to delegate the work to any
other person and in spite of filing objection to the
Commissioner's report, executing Court has issued
delivery warrant by passing the impugned Order.
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