JUDGEMENT
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(1.)Both these
revision petitions can be disposed of together
since identical questions of law and fact are
involved and as the parties are same.
(2.)Two applications were filed seeking
appointment of Commissioner in two
suits pending adjudication between the
parties inter se in the same Court. By
means of an identical order although passed
separately in two separate petitions, the
Court below appointed a Commissioner to
note down the physical features of the suit
schedule mentioned properties with a direction
to draw a rough sketch and to take
photographs, if necessary.
(3.)The orders appointing Commissioner
in both the applications are now being
sought" to be assailed solely on the
premise that such an appointment would
tantamount to fishing in evidence. The suits
in between the parties appear to have
been filed seeking the relief of perpetual
injunction. In the concomitant petitions filed,
the parties sought for temporary injunctions.
When those applications had been coming
up for enquiry and adjudication, separate
petitions were filed seeking appointment of
a Commissioner.
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