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Judgment
4 paragraphs · 190 wordsJustice V. Chitambaresh
The suit is one for a decree of a permanent prohibitory injunction. The court below deputed an Advocate Commissioner at the insistence of the plaintiff. The Advocate Commissioner has already filed a report in the suit. The defendant disputes the identity of the plaint schedule property. There is also dispute with regard to the title and possession of the plaintiffs. Therefore a detailed report with reference to the survey records is essential.
It is trite law that a second Advocate Commissioner cannot be deputed without setting aside the report of the first Advocate Commissioner. Therefore the order of the court below deputing another Advocate Commissioner is set aside.
I however permit the defendant to apply for remitting the report of the Advocate Commissioner. The court below on receipt of such application shall deal with the same in accordance with law. A report of the Advocate Commissioner with reference to the documents of title is essential in a dispute of this nature. The court below shall bear this in mind while considering the application for remitting the report. The original petition is allowed. No costs.