AGNES Vs. ROSILY

JUDGEMENT

(1.) Petitioner is plaintiff and respondent defendants. Petitioner filed I.A.3192/06, an application for appointment of Commission. Under Ext.P3 order, learned Munsiff appointed a Commission but disallowed the prayer to measure the plaint schedule property holding that, that question has to be decided only after deciding the plea on adverse possession.

(2.) Learned Counsel appearing for petitioner was heard.

(3.) Under Ext.P3 order, learned Munsiff has appointed a Commission to value the residential building including the extensions. The prayer for measuring the plaint schedule property was disallowed holding that, that question would arise only on establishing the case of adverse possession, as the title set up by petitioner is by adverse possession. When learned Munisff has already appointed the commissioner, the Commissioner could have been directed to measure the plaint schedule property, as no prejudice will be caused by such a direction.