Having considered the aforesaid submissions and from perusal of the material on record, the submission appears to be correct, accordingly, without entering into the merits of the case, this Court finds that it is a fit case for expediting the proceedings and the trial court is also directed to ensure that appropriate orders sheet are brought reflecting what transpired on the date so fixed. If the Survey Commissioner has not responded, the Court always has the power to change such a Survey Commissioner and this cannot be a ground to delay the proceedings indefinitely. Since the issues have been framed in the year 2006, there can be no justification for not proceedings that the evidence irrespective of the inspection through Survey Commissioner which could have been resorted to simultaneously. The trial court take note that such methods which impact and hamper the trial should be deprecated and endeavour be made to decide the suit as expeditiously as possible after affording full opportunity of hearing to the parties but without granting any unnecessary adjournments. An attempt should be made to fix the date in the suit on weekly basis and, in case, if any party chooses to misuse the liberty, appropriate orders be passed imposing heavy costs considering the decision of the Apex Court in case of Vinod Seth v. Devinder Bajaj; (2010) 8 SCC 1.
