SANGA REDDY Vs. BASAMMA

JUDGEMENT

(1.) THIS revision petition by one of the defendants is directed against the order dated 23-1-2004 passed by the Trial Court in Final Decree proceeding No. 5 of 2002. By the impugned order, the Trial Court has appointed the Assistant Director of Land Records as Court commissioner under Section 54 of the Code of Civil Procedure ('cpc' for short) to effect partition in all the suit properties in terms of the preliminary decree passed in O. S. No. 131 of 1990.

(2.) I have heard learned Counsels appearing for the parties and perused the impugned order. Learned Counsel for the petitioner submitted that the impugned order is contrary to Section 54 of the CPC as amended in Karnataka and hence requires to be set aside.

(3.) THE Trial Court by the impugned order has ordered for effecting partition in all the suit properties by metes and bounds through the court Commissioner with a direction to hand over l/8th share to the plaintiff and thereafter to report to the Court along with his survey sketch and receipt evidencing handing over of possession to the plaintiff.