The suit is for a decree of perpetual injunction and the counter claim is for fixation of boundary. The court below was therefore justified in deputing an Advocate Commissioner for local inspection. But the Advocate Commissioner filed an interim report to the effect that the defendant is not co-operating and hence the warrant of appointment was withdrawn by the order impugned.
2. I am inclined to afford one more opportunity to the parties to render co-operation to the Advocate Commissioner. The services of a Taluk Surveyor shall be made available by the parties to assist the Advocate Commissioner. The court of the Munsiff of Palakkad shall appoint another Advocate Commissioner to execute the warrant and file a detailed report in the suit and in the counter claim. The expenses for the Advocate Commissioner and the Surveyor shall be met by the defendant and both parties are at liberty to file work memo to 2 OP(C) No. 951/2014 the Advocate Commissioner.
3. The order in I.A. No. 336/2013 in O.S. No. 99/2012 on the file of the court of the Munsiff of Palakkad is set aside for this limited purpose. The court below shall make every endeavour to dispose of the suit within a period of six months from the date of production of a copy of this judgment.
The Original Petition is disposed of.
ncd V. CHITAMBARESH JUDGE