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2004 Supreme(AP) 1486

V.V.S.RAO
Penta Urmila – Appellant
Versus
Karukola Kumaraswamy – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • The case involves a Civil Revision Petition filed against an appellate order appointing an Advocate-Commissioner to localize the suit schedule property with reference to revenue records and FMB, which was challenged as an improper exercise of jurisdiction at an interlocutory stage (!) .

  • The appellate court's order was criticized for amounting to the collection of evidence, which is generally not permissible during an appeal for a suit for permanent injunction, especially without proper application under relevant procedural rules (!) .

  • The scope of jurisdiction under Article 227 of the Constitution is limited to preventing miscarriage of justice caused by improper exercise of jurisdiction by subordinate courts; it does not extend to correcting every error made at the interlocutory stage (!) (!) .

  • The exercise of jurisdiction under Article 227 is discretionary and must be approached with caution, balancing the need to prevent injustice against the risk of unnecessary interference in interlocutory proceedings (!) (!) .

  • The court emphasized that in a suit for permanent injunction, the core issue is possession and interference thereof. Introducing additional evidence through appointment of an Advocate-Commissioner at the appellate stage without proper grounds constitutes an improper exercise of jurisdiction (!) (!) .

  • The order appointing the Advocate-Commissioner was set aside because it was found to be an improper exercise of jurisdiction, and the petition was allowed with no costs (!) .

  • The overall principle is that appellate courts should exercise restraint in intervening during interlocutory stages unless there is clear justification, to avoid miscarriage of justice and preserve procedural integrity (!) (!) .

If you need a specific legal analysis or advice based on these points, please let me know.


V. V. S. RAO, J.

( 1 ) RESPONDENTS 1 to 6 herein along with another person filed a suit being O. S. No. 105 of 1988 on the file of the Court of junior Civil Judge, Palasa, for permanent injunction to restrain defendants 1 to 31, in any manner interfering with the possession of the plaintiffs in respect of agricultural lands comprised in S. Nos. 232-2a1/b, 232-2a2/a, 232-1b, 232-2a1/c, 232-2a2/b, 232-1c. The suit was opposed by defendants who were in possession of the land in S. No. 232/ 7 which was adjacent to suit schedule lands the trial Court by judgment dt. 31-12-2001 dismissed the suit disbelieving the version of the plaintiffs. Aggrieved by the same, plaintiffs filed regular first appeal being A. S. No. 15 of 2002 on the file of the Court of senior Civil Judge, Sompet. When the appeal suit was coming up for arguments, plaintiffs/appellants filed IA No. 87 of 2004 under Order XXVI Rule 9 of Code of Civil procedure, 1908 (CPC) for appointment of advocate Commissioner to localize the plaint schedule property and the property in S. No. 232/7 with reference to Field measurement Book (FMB) and other revenue records. This application was opposed by the defendants/respondents. Overrul







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