The limited prayer in this petition is for an early disposal of final decree application which is said to have been filed as early as on 24.10.2011. 2. Shorn of unnecessary details, after the preliminary decree, final decree application was filed and in that a commission was taken out. The Commissioner filed report and plan. Both the parties were dissatisfied with the report and plan as the plan and report do not show the allocation of properties which was essential for passing a final decree. Both the parties prayed that the commission report and plan be set aside. By order dated 10.10.2014, the court below accepted the plea of both sides and set aside the commission report and thereafter directed the parties to file fresh application.
3. One fails to understand what the court meant by that order. There is already an application for passing final decree O.P.(C) 2504/2014 2 proceedings. All that the petitioner and his counter part prayed for was that the commission report then available be set aside. After setting aside the commission report, what the court was to do was to appoint a new commission and direct him to file a report and plan for the purpose of passing final decree proceedings. That has not been done.
Therefore, this petition is allowed. The court below is directed to issue fresh commission in terms of the application already filed by the petitioner earlier and direct the Commissioner to file a report and plan as early as possible and dispose of the suit as expeditiously as possible.
Sd/-
P.BHAVADASAN JUDGE smp