trial Court rejecting the petitioners’ application for appointment of the Court Commissioner at the stage at which the proceedings are pending before the Trial Court. Special Civil Suit No. 33 of 2019 and R.C.S. No.41 of 2022 came to be instituted by the petitioners seeking relief of declaration of ownership and injunction as against the defendants. It is the case of the petitioners, who are the original plaintiffs that they are the owners of the suit property and State Government had constructed a road through the suit property as a result of which the suit property has been divided into two parts. It is the case of the petitioners that the defendants have encroached upon part of the property which is divided by the road on the western side and prayed for removal of encroachment. In the said proceedings, an application for appointment of Court Commissioner came to be filed which was rejected by the trial Court by observing that it is necessary for the petitioners to first prove that the land on which the encroachment is claimed, is owned by the petitioners and they were in possession thereof and for the same it is necessary first to prove that the road has been constructed illegally through the property of the petitioners thereby dividing the land into two parts.
