C.NAGAVENI Vs. LATE BABU REDDY

JUDGEMENT

(1.) The captioned writ petition is filed by the judgment debtor No.10 questioning the order of the Executing Court passed in Ex.No.2903/2011 accepting the Commissioner report.

(2.) The facts leading to the case are as under:

(3.) The present petitioner filed an application in I.A.No.24 under Order 26 Rule 9 of CPC seeking appointment of Court Commissioner. The respondent Nos.1 to 4 filed statement of objections to I.A.No.24. The Trial Court having examined the rival contentions allowed the application filed in I.A.No.24 and in terms of memo of instructions, the Court Commissioner submitted a report to the Court along with the sketch. The petitioner, however, disputed the Commissioner report and filed objections. The Executing Court has rejected the objections tendered by the present petitioner herein and consequently Commissioner report is accepted. The Executing Court accordingly directed the decree holder to submit a draft sale deed. It is this order which is under challenge.