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Swami Premananda Bharathi vs Swami Yogananda Bharathi And Anr. on 12 December, 1984

In Swami Premananda Bharathi Vs. Swami Yogananda Bharathi and another, reported in [AIR 1985 Kerala 83], the Division Bench of a Kerala High Court has held that the appointment of second Commissioner before superseding the commissioner's report and proceedings, is not a mere irregularity but also illegal, since the same is without jurisdiction. As per the decision reported in Kerala High Court, the commissioner's report does not operate as res judicata. Relying on this judgment, the learned counsel for the petitioner further contended that jurisdiction is vested with the court below to scrap the report and plan filed by the second commissioner, since the appointment itself is irregular which cannot be cured as the same was passed without jurisdiction by the Court below.
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