TULIDAS SOIRU LAD Vs. SAUDE VINCENT RODRIGUES

JUDGEMENT

(1.) BY this petition, the petitioner is challenging the Order dated 4.7.2003 passed by the learned Civil Judge Junior Division, Quepem, In charge of Sanguem Court, whereby the learned Judge had dismissed the application for appointment of Commissioner to carry out the demarcation as per the amended prayer in the plaint. The learned Trial Judge had declined to grant the application mainly on the ground that the evidence of the plaintiff and the defendants was already completed and the matter was for additional evidence of the plaintiff and the defendants on the amended pleadings and as such the application for appointment of Commissioner was rejected on the ground that they would delay the proceedings.

(2.) LEARNED Counsel appearing on behalf of the petitioner pointed out that, in fact, the Commissioner was specifically appointed for the purpose of demarcation and he had partly carried out the same. However, he could not complete the demarcation, in view of the interference by the defendants and their Advocate as indicated by the earlier Commissioner's report dated 16.9.2002.

(3.) (a)(a) of the plaint to indicate the location of 250 square meters belonging to the plaintiff out of the total area of 550 square meters. The learned Counsel for the petitioner submitted that in the larger interest of justice, that the earlier Commissioner who was prevented from carrying out the demarcation should have been allowed to complete the said demarcation. 4. The learned Counsel appearing for the respondents merely contended that the learned Trial Judge was right in rejecting the appointment of Commissioner for the purpose of demarcation. However, he could not dispute that such a demarcation would be useful to the Trial Court to know the exact location of 300 square meters which belongs to the respondents/defendants and the balance 250 square meters which belongs to the petitioner/plaintiff.