In a suit for injunction simplicitor, the Commissioners report and plan was obtained by the court below. The Commissioner along with private surveyor had measured the property and filed a report and plan. It is seen from the order of the court below that the identities of the properties were directed to be ascertained with reference to the actual title documents of parties and survey records.
2. The petitioner took serious objections to the Commissioners report and wanted it to be remitted for identification of properties with respect to the document of title on which he relies. The court below has now observed that necessary details are available from the plan and report already on file and the issue involved is not one of title or recovery of possession on the strength of title. The suit is O.P.(C) No.2523 of 2014 -2-
one for injunction simplicitor where possession alone is the criterion.
3. In the light of the above fact, the court below was of the opinion that there is no need to remit the Commissioner's report.
4. After having gone through the order of the court below and after having heard the learned counsel for the petitioner, this Court finds no grounds to interfere.
5. As noticed by the court below, the suit is one for injunction simplicitor where possession alone is the question involved. However, it is made clear that the petitioner at the time of evidence, will be allowed to show that the Commissioner's report and plan are not acceptable and are not in accordance with the documents of title produced by either parties. The court below, for any reason, finds that the Commissioner's report, that may be filed is not acceptable, then the court may consider the application by any one of the parties for a fresh Commission.
O.P.(C) No.2523 of 2014 -3-
With the above observation, this petition is disposed of.
ds //True Copy// P.A. To Judge Sd/-
P.BHAVADASAN JUDGE