P. Dhana Kothwara Rao vs Guntha Ramesh Babu and Others

Radha Krishna Rao, J.—In case, initially a Commissioner was appointed who is not a technical person and he submitted his report. Subsequently, another petition has been filed for appointment of a Surveyor as a Commissioner to find out the exact measurements with reference to the lay-out etc. The learned Judge, who has got better knowledge about the facts of the case found that the appointment of the second commissioner is just and correct and the relief that has been claimed is different than the one that has been claimed in the first Commissioner''s report. Generally, when once a Commissioner has been appointed and a report has been submitted the Court should not appoint a second Commissioner. When it has been found that the first Commissioner was not a proper person and the purpose for which the second Commissioner has been asked for a different one, the lower Court is justified in appointing the second Commissioner.

In those circumstances, I see no ground to interfere with the impugned order. The petitioner is at liberty to file objections for the report that has been filed and the same be considered. The C.R.P. is, therefore, dismissed. No order as to costs.