(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Heard learned advocate Mr. M.B. Gandhi for the appellant in O.J. Appeal No.5 of 2011, and Mr. Pushpadatta Vyas for the appellant in O.J. Appeal No.12 of 2011.
2. The controversy in this matter revolves round the point as to whether the appellants herein have encroached upon the vacant land of the Mill company on their front portion of the shop/the premises let out to them by the Mill Company went in road-line.
3. It is not the case of the Official Liquidator that prior to the premises being affected by the road-line they have encroached into the vacant land of the Mill Company. Therefore, there is no dispute on the point of the existence of the rear wall of the premises/shop of the present appellants. To ascertain the age of the said rear portion, it is deemed proper that the construction should be examined by an independent authority like Forensic Science Laboratory to ascertain and report to the court the age of that construction. In view of that, the Official Liquidator is directed to get tested the rear portion of the shop/premises of the appellant by Forensic Science Laboratory or any other suitable agency, and place the report of that agency on the record of this case.
For undertaking the aforesaid exercise, the Official Liquidator is authorized to incur the necessary expenses.
4. For the present, the matter is adjourned to 29.10.2012.
(RAVI R.TRIPATHI, J.) (N.V.
ANJARIA, J.) (sn devu pps)