A Court Commissioner cannot delegate their duties to a subordinate without court permission, making such actions illegal and affecting the validity of the final decree.

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)

Respondent No.1 in FDP No.20/2015 on the file of the I Additional Senior Civil Judge and CJM Dharwad has preferred this Regular First Appeal against the order passed in the said FDP No.20/2015 dated 04.11.2024 to draw final decree as per the report submitted by both the Court Commissioners.

2. The suit in O.S.No.66/2010 was filed for the relief of partition and separate possession and it was decreed. Thereafter, the plaintiffs filed final decree proceedings in FDP No.20/2015 for drawing up of the final decree. The trial court appointed the ADLR as Court Commissioner for division of the agricultural lands and also appointed the Advocate Court Commissioner for division of the house properties. It appears that the ADLR deputed the Taluk Surveyor for measurement and partition the properties, in accordance with the preliminary decree. Accordingly, the Taluk Surveyor issued notice and in the presence of the parties to the proceedings measured the property and gave report to the ADLR and thereafter, the ADLR submitted the same report to the court.

3. The Advocate Court Commissioner also visited the suit house property and measured the property and gave the report. The Advocate Court Commissioner assessed market value of the property on the basis of the opinion given by the panchas, who were present at the time of measurement of the property.

4. Respondent No.1 filed objections to the report of the Court Commissioner before the trial court. The trial court after considering the contentions of both the parties, overruled the objections of respondent No.1 and ordered to draw the final decree in terms of the report of the Court Commissioners. Accordingly, the impugned final decree was passed.

5. Being aggrieved by the same, respondent No.1 preferred this appeal.

6. We have heard the arguments of the learned counsels appearing for both side parties.

7. Learned counsel for the appellant contends that the trial court has appointed the ADLR as Court Commissioner for measurement of the property and division of the agricultural lands and submit the report. Contrary, to the said directions, the ADLR delegated said task to Taluk Surveyor. The said Taluk Surveyor measured the suit property and submitted the report to ADLR. The ADLR submitted the said report to the court. The trial court did not look into the said aspect and blindly accepted the report submitted by the ADLR. The ADLR has no authority to delegate the power given by the court to his subordinate. In view of the same, the said report is not tenable.

8. The learned advocate for appellant further contends that the Advocate Court Commissioner instead of assessing the market value of the house properties independently, took the assistance of the panchas, who were present at the time of execution of the commission work and on the basis of their opinion, valued the suit property. The said procedure followed by the Advocate Court Commissioner is also incorrect. On the basis of the said incorrect reports, the learned trial Judge has drawn the final decree without considering these facts. Hence, it is not tenable and needs to be set aside.

9. The learned counsel for the respondents contends that the court has appointed the ADLR as Court Commissioner for measurement and division of the property. The ADLR had taken the assistance of the Taluk Surveyor to measure the property. The Taluk Surveyor measured the suit property, prepared the map and submitted the report to the ADLR. On the basis of the said report, the ADLR has submitted his final report to the court. Therefore, he has not delegated his power to the Taluk Surveyor.

10. The learned advocate for respondents further submits that the Advocate Court Commissioner on the basis of the opinion of the panchas, who were present at the time of measurement of the property, assessed the market value of the house properties. Panchas are residents of said locality and fit persons to assess the value of t