The issue involved in both the C.R.Ps are interlinked and both the C.R.Ps are disposed by this common order.

2. The petitioner herein is the plaintiff and the respondents are the defendants in the suit in O.S.No.4 of 2007. The petitioner filed suit for declaration and permanent injunction. The respondents filed I.A.No.6 of 2008 for appointment of an Advocate Commissioner to inspect and note down the physical features of the suit property with the help of qualified surveyor. An Advocate Commissioner was appointed, who inspected the suit property on 16.02.2008 with surveyor and filed his report and plan on 11.04.2008.

3. The Trial commenced and evidence of both parties were completed and the suit was posted for arguments. At the time of preparing for arguments, it was found out that the earlier Commissioner did not measure the southern side of the suit property, which is only two feet. Due to which, the petitioner filed I.A.Nos.152 and 153 of 2015 for reopening the suit and to reissue the warrant of commission to the Advocate Commissioner to inspect and measure the suit property with the help of Government Surveyor.

4. The respondents filed counter affidavit and contended that al