HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P.No.1214 of 2009 Dated 24-11-2010 Between: Radi Durgalu. …Petitioner. And: Kolisi Mary. …Respondent. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P.No.1214 of 2009 ORDER: Heard. Judgment Debtor in E.P.No.125 of 2003 sought appointment of advocate Commissioner for inspection of suit schedule property to ascertain as to whether there is any infringement of the decree for permanent injunction in O.S.No.728 of 1998. The said application was rejected by the Court below applying the decision i n B.S. NAZIR HASSAN KHAN Vs. ASWATHANARAYANA RAO AND OTHERS. ([1]). The impugned order shows that the Court has not considered the application of the petitioner on merits. The decision of Karnataka High Court 1st cited has no application as it relates to appointment of advocate commissioner pending trial. Whereas the stage in the present case is execution of a decree where violation of the decree is alleged. In normal course, the petitioner/Decree Holder who alleges violation, establishes the same. However, since the Judgment-Debtor seeks appointment of Advocate commissioner, it is for the Court to assess whether the same is warranted or not. The rejection of application under the impugned order is erroneous. Hence, the impugned order is set aside. The Executing Court shall reconsider the E.A.No.710 of 2008 in E.P.No.125 of 2003 on merits and pass appropriate orders within a period of four weeks from the date of receipt of a copy of his order. Accordingly, this C.R.P is disposed of. No costs. _____________________________________ JUSTICE VILAS V. AFZULPURKAR Dated 24-11-2010 Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P.No.1214 of 2009 Dated 24-11-2010 [1] AIR 2004 Karnataka 92