G.YETHIRAJULU
Mallikarjuna Srinivasa Gupta – Appellant
Versus
K. Sheshirekha – Respondent
( 2 ) THE petitioner filed a suit for declaration of title and other reliefs in respect of plot No. 62, as described in the schedule. The contention of the plaintiff is that he purchased plot No. 62 by a registered sale deed, dated 14-8-1991 from his vendors in an approved lay out and that the defendant purchased plot No. 63 on 15-10-1990 through a registered sale deed, that the defendant encroached a portion of plot No. 62. Hence, he filed a suit for declaration of title and other consequential reliefs.
( 3 ) DURING the pendency of the suit, the plaintiff filed I. A. No. 1320 of 2004 under order 26 Rule 9 C. P. C. , for appointment of an Advocate Commissioner for local inspection, measurement of Plot No. 62 belonging to the plaintiff, identification of plot No. 63 belonging to the respondent with the help of a surveyor by measuring both the plots according to the lay out approved by the Gram Panchayat.
( 4 ) THE respondent vehemently resisted the application on two grounds. (1) That the petition filed by the petitioner in an earlier suit for i
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