1. Draft amendment granted. To be carried out forthwith.
2. Heard learned Counsel for the petitioners.
3. It is submitted that the order dated 09.08.2012 impugned in this petition is passed inspite of the fact about the earlier order passed in favour of the plaintiff of the said Suit in which a panchnama was drawn and to defeat the claim now, a suit was filed by the respondent No.1 / plaintiff, again the order of appointment of Court Commissioner is passed and one of the ground is that the facts in Special Civil Suit No.213/1994 and Regular Civil Suit No.18/1999 appear to be unclear.
SCA/13254/2012 2/2 ORDER The appointment of a Court Commissioner is not for finding or creating any evidence in support of the case.
4. In the aforesaid circumstances, NOTICE returnable on 5th November, 2012. Meanwhile, there shall be ad-interim relief to the extent that henceforth, no action be taken on the basis of the Report prepared by the Court Commissioner pursuant to the impugned order.
Sd/-
(Anant S. Dave, J.) Caroline