with the help of the surveyor and thereafter proceed with the case. So the order passed by the court below dismissing the application is set aside and parties are permitted to file a fresh application before the court below to measure the property on the basis of the documents with the help of a surveyor as Ext.P7 report also shows that the help of a surveyor is required for the purpose of identifying the property,if the petitioners files an application for directing the same commissioner if he is available, measure the property with the help of a surveyor as mentioned in Ext.P7 report and file a final report on that basis, then the court below is directed to allow the application. If the same commissioner is not available, then the court below is at liberty to appoint a fresh commissioner for this purpose after setting aside the earlier reports filed by the commissioner. Parties are also permitted to file necessary amendment application, if any required for the purpose of moulding relief in order to avid further dispute between brothers in respect of the property. If such an application is filed, that may also be considered by the court below and pass appropriate orders in accordance with aw. Parties are directed to appear before the court below on 5.12.2016. Considering the fact that the case is of the year 2008, the court below is directed to take all earnest efforts to expedite the disposal of the suit at the earliest.
