...Sathish Ninan, J.:— An application seeking to set aside the Commissioner's Report and Plan was dismissed by the court below, against which the defendants are before this court..., before passing the impugned order. The learned counsel for the petitioners challenges the acceptability of the commissioner's Report and Plan on various grounds. The suit is of the year 2006. in order to...substantiate the objections placed against the commissioner's Report and Plan, it is necessary that the Commissioner and Surveyor be examined.3. The suit being of the year 2006, I am of...

...his application seeking to set aside the Commissioner's report and plan. It is seen that the plaintiff had also filed an application seeking to remit the Commissioner's report. The court below as per...of the Commissioner's report and plan, necessarily, evidence will have to be taken on the same. I am of the opinion that it will be sufficient if the petitioner is given an opportunity during the...course of trial to examine the Commissioner and Surveyor and also such other witnesses or materials, as may be necessary on his behalf to prove that the Commissioner's report and plan are not acceptable...

...Commissioner's report came to be filed before the Court below. According to the petitioner/defendant No. 2, the amendment ought to have been allowed in view of the Commissioner's report.3. Merely...because the Commissioner's report is placed on record, it is not open for the parties to amend the pleadings in accordance with the Commissioner's report. Parties may file objections to the...Commissioner's report and it is open for the trial Court either to accept or reject the Commissioner's report. Even the Commissioner may be cross-examined if the parties so choose.Be that as it may...

...Commissioner's Report is unacceptable and needs to be remitted back to the Commissioner, for reporting the details as sought for by him. It is noticed that the respondent-defendant had also filed an...application as I-A-813/18 seeking remission of the Commissioner's Report and Plan on similar set of allegations. Even according to them, the matters as required to be ascertained by Commissioner were not...correctly done.3. When both the parties to the suit contend that the commissioner's report, as is presently available, does not reveal the true state of affairs, it is only proper that...

...Sathish Ninan, J.:— The defendants in a suit for fixation of boundary are before this court. They are aggrieved by the dismissal of the application to set aside the Commissioner's report and...plan.2. The suit is one for fixation of boundary. On the application seeking to set aside the Commissioner's report and plan, evidence was taken. It appears that the Commissioner and...Surveyor were examined and the court below was not impressed with the contention of the petitioners regarding the non-acceptability of the Commissioner's report. Be that as it may, I am of the...

...second Commissioner's report and plan are erroneous and, therefore, the same are liable to be set aside. Seeking such a relief, IA No. 2968/2012 was filed before the court below. The court below has...allowed the IA in part and instead of passing an order to set aside the Commissioner's report, the court below has passed Ext.P9 order in O.P (C) No. 2685/2014, by which the court below has chosen to...remit the Commissioner's report for clarifying the mistakes occurred in Ext.C2 Commissioner's report. Through O.P (C) No. 3026/2014, the plaintiff has come up by challenging the said order by pointing...

.... Long thereafter, the case was listed for trial on 04.11.2014 and thereafter on 06.01.2015, a petition was preferred to remit the Commissioner's report. The court below rightly declined to grant the...relief since it felt that it was nothing but a ploy adopted to remove the case from the list.3. The learned counsel appearing for the petitioner contended that the Commissioner's report as...it now stands is of little use and on the basis of the available Commissioner's report, the plaintiff may not be able to prove his case. It is also contended that no prejudice is caused to other side...

...plaintiffs in a suit for recovery of possession and injunction have come up in this original petition. Exts. P1 and P7 are the Commissioner's report submitted in this case. Ext. P2 is the objection...filed by the petitioners on the Commissioner's report. Ext. P3 is the petition filed to set aside the Commissioner's report, which was declined by the trial court.3. Learned counsel for...of the year 2013. Prayer for setting aside the Commissioner's report was rightly rejected by the court below. However, the parties should be afforded an opportunity to gather additional evidence, if...

...referred to as “the court below”), whereby the objections filed by the petitioner in relation to the commissioner's report, have been rejected.2. Learned counsel for the petitioner has...submitted that the petitioner has sufficiently demonstrated before the court below that the commissioner's report is based on incorrect facts and biased. The court below has not taken into consideration the...commissioner's report, the court below will not consider the oral and documentary evidence to be produced by the petitioner to prove his possession over the land in question while deciding application for...

...yet to receive certified copies of the Commissioner's Report, plan etc., he needs to file objections to the same and in the meanwhile, the suit is listed for trial to 01.02.2020. It is alleged that...though the petitioner has moved applications for removal of the case from the list and for opportunity to file objections to the Commissioner's Report, the same is not being considered. 4.... As noticed supra, the Commissioner's Report is dated 19.12.2019. I feel that the parties to the suit could be afforded some time to have their objections to the Commissioner's Report brought on...

..., C.P.C, objections to the Commissioner's report are considered, and the Court has to pass an order as to whether it is satisfied with the proceedings of the Commissioner or not. The question..., whenever a Commissioner's report is objected to, is to hear objections in open Court and to decide with the aid of such evidence as it might take if the valuation should be varied and in what direction...appointing a second Commissioner without formally recording objections to the first Commissioner's report and without considering whether the first Commissioner's report should be superseded, or not is a...

...property.2. There is another commissioner's report and plan available in the suit. The contention of the petitioner is that the location of the survey stone has not been identified by...the surveyor.3. The court below noticed that the petitioner had filed an application as I.A. No. 18780/2016 seeking to set aside the earlier commissioner's report and plan.... Subsequently, the application was dismissed as not pressed on 11.6.2018. Therefore, as of now, there is no challenge against the earlier commissioner's report and plan. In the said circumstances, appointing...

...commissioner's report has been accepted by the trial court. It is agreed between learned Counsel for the parties that all parties have to be heard by the trial court on the court commissioner's report for...November 2020, but clarifying that the court commissioner's report and the parties objection/s, if any, to the report have still to be heard by the court; only after the parties are heard on the court...commissioner's report, a final decree of partition shall be passed by the trial court. 2. All rights and contentions of the parties on merits in that behalf are kept open...

...passed in Execution Case No.37A/2008-09 passed by the Fourth Civil Judge Class-I, Gwalior, by which the objection of the judgment debtor/petitioners herein regarding Commissioner's report dated 27.11.2010...decree dated 31.01.2009, an application was moved by the judgment debtor/petitioners objecting to the veracity of the Commissioner's report dated 27.11.2010 by contending that the same discloses...wrong facts and is in variance to the actual fact situation on the spot. In the said objection, it was stated that in the earlier Commissioner's report against the area marked as A to A a wall of 3 feet x...

...the Commissioner's Report and plan in I.A.No.291 of 2017 in the above suit. Since, the said application was dismissed by the learned Judge on the ground that the petitioners are having every liberty...to prove the falsity, if any, on the Commissioner's Report as alleged by the petitioner through adducing evidence, the trial Court is not inclined to allow this petition. Hence the...record. 4.Without issuing notice to the respondent, the trial Court has passed the above said order and the petitioner has also filed an objection on the Commissioner's Report. 5...

...against the commissioner's report.The factual background of the matter, in brief, is that the respondents/plaintiffs initiated that Title Suit praying for partition of the property...commissioner submitted his report.Learned counsel appearing for the petitioner submits that the petitioner raised objection against the advocate commissioner's report. He has also prayed...report. He, further, submits that the petitioner filed objection against the learned advocate commissioner's report on 18.02.2006 vide Order No. 70. The order impugned may be interfered with, set aside and...

...for producing the copy of the Advocate Commissioner's report in O.S.No.17 of 2015 on the side of the respondent/plaintiff. These applications were filed by the respondent stating that in O.S.No.17 of...Commissioner's report in O.S.No.17 of 2015. This report will shed light to the dispute in this case and will help the Court in resolving the issues. Therefore, these petitions were filed. Both these...is not party to O.S.No.17 of 2015 and Advocate Commissioner's report filed in O.S.No.17 of 2015 cannot sought to be produced in this case. In reply, the learned counsel for the respondent submitted...

...Sathish Ninan, J.:— The dismissal of an application to set aside the Commissioner's report and plan is under challenge by the defendant, who was the petitioner in the I.A...either sides.4. The learned counsel for the petitioner points out that there are various infirmities in the Commissioner's report and plan as highlighted in the affidavit filed in...support of the application seeking to set aside the Commissioner's report. I notice that the court below had taken evidence on the application by examining the Commissioner and dismissed the application...

...JUDGMENTThe petitioner sought remission of Commissioner's report on certain ground which the court below found not acceptable. It was contended before the court below that...by examining the Commissioner during trial and for that purpose, Commissioner's report need not be remitted back.2. The court below felt that even assuming that clarification is required...in the Commissioner's report, it is not necessary to remit the same back. The court below granted liberty to both parties to agitate this issue at the time of trial. It can thus be seen that the...

...petition under Article 227 of the Constitution of India.2. The said application was filed for setting aside the Commissioner's report. The Lower Court, after examination of the...Francis Assissi v. Sr. Breesiya [2017 (1) KLT 1041] had the occasion to consider the question whether it is permissible to set aside the Commissioner's report. It was h...except under Rules 13 and 14 of Order XXVI of CPC, the report of the Commissioner cannot be set aside and there is no provision for setting aside the Commissioner's report under...