VENKATESH S. Vs. FAIROZ AHMED YERGUDI

JUDGEMENT

(1.) An application is filed for appointment of a Commissioner to measure the lands of the plaintiff and defendants and thereafter fix the northern and southern boundaries has been rejected by the Trial Court and hence, this writ petition.

(2.) It is settled law that, a Commissioner cannot be appointed to determine or perform a judicial function. In the instant case, the prayer sought for by the petitioner was essentially to direct the Commissioner to judicially determine and fix the boundaries.

(3.) In my view, the Trial Court was justified in rejecting the said application.