IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8787 of 2011 BAIJ NATH PRASAD KHEMKA & ORS . Versus SMT.GITA DEVI & ORS . ----------- 05. 17.05.2011 Upon hearing the learned counsel for the parties, the application for appointment of Commissioner to find out the status of the property was not warranted until and unless there being an allegation of violation of undertaking given by the defendant. Therefore, the order impugned dated 07.02.2007 passed by Sub-Judge-I, Aurangabad in Partition Suit No.36 of 1995 is quashed and the petition is disposed of with the liberty to the respondents to move the application under Order 39 Rule-2A. Mkr. ( Prakash Chandra Verma, J. )