MUNESH TYAGI Vs. U P BRIDGE CORPORATION
LAWS(ALL)-2009-5-194
HIGH COURT OF ALLAHABAD
Decided on May 26,2009

MUNESH TYAGI Appellant
VERSUS
U.P.BRIDGE CORPORATION Respondents

JUDGEMENT

Amitava Lala, D.K. Arora, JJ. - (1.) THIS appeal has been preferred by the plaintiffs/appellants against the judgement and order dated 12th May, 2009 passed by the Civil Judge (S.D.), Saharanpur in Suit No. 419 of 2009 (Dr. Munesh Tyagi and another Vs. U.P. Bridge Corporation and others). The dispute is with regard to occupation of the area between the parties. Learned Counsel appearing for the appellants contended before this Court that the Court below has committed an error by not appointing an Advocate Commissioner for the purpose of visiting the locale and submitting a report to the Court below to arrive at a correct conclusion. Therefore, the appellants approached this Court of appeal to have such order. The respondents, who have already put in appearance, have no objection in passing such order. Therefore, we appoint Mr. Ravi Shanker Prasad, learned Additional Chief Standing Counsel of the State, as Advocate Commissioner to visit the locale accompanied by the parties, ascertain the position and file a report before this Court in a sealed cover on the next date of hearing. For the sake of necessity, he can take help of any government official inclusive of police. He can also be able to take help of surveyor from any appropriate department of the State. The Advocate Commissioner will proceed upon notice to all concerned. A lump sum remuneration of the Advocate Commissioner is now fixed at Rs.25,000/-, which will be borne by the appellants at the first instance. Conveyance and other facilities inclusive of any charge for the surveyor, if required for the purpose of making any site plan, etc., and miscellaneous expenditure will also be incurred by the appellants at the first instance over and above the remuneration as directed to be paid by them to the Advocate Commissioner. Let the appeal appear on 02nd July, 2009 for further hearing and to go through the report to pass appropriate order and/or issue directions depending upon the circumstances.;


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