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Partition by metes and bounds - survey

hi,
this is for a partition suit on a ancestral land.
say if a advocate commisioner is requested for physical parittion by metes and bounds and if the house is already occupied by tenants/who are also in the defendant list,
how will the advocate commissioner carry out the survey with occupants already present.
if there is any need to enter house and take measuremnts, can advocate commission allowed to enter the house of these occupants in thr presence. what if the occupant object it?do we need to list out these issues when requesting for a advocate commissioner

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Arjun Kohli 21 July 2017

I believe that with the proper permission and order of the court involved in the said matter, such measurement and survey could be carried out. However, try and consult your counsel for further advise on the basis of sharing of complete facts regarding the case.

The concept is not to deal with any property that is the subject matter of any legal dispute if it materially or substantially determines the rights of the parties. If you could move an application stating the grounds and requirement for such a step and describe how it does not substantially or concretely determines the rights of the parties involved but is only contingent upon the eventual progress of the case, the Court may consider it, in my opinion.