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1999 Supreme(AP) 433

Y.V.NARAYANA
M. Chenna Venkata Reddy – Appellant
Versus
A. P. Housing Board, Gruhakalpa, Hyd. – Respondent


Y. V. NARAYANA, J.

( 1 ) THIS revision is directed against the order in IA No. 91 of 1999 in OS No. 105 of 1991 on the file of the I Additional Senior Civil Judge, Rangareddy District at Saroornagar allowing the application filed by the 1st defendant under Order 26, Rule 9 read with Section 151 of the Code of Civil Procedure for appointment of a Surveyor to measure the land in question. Aggrieved by t he same the present revision is preferred.

( 2 ) EARLIER to the present application a commissioner was appointed in IA No. 1252 of 1997 and on submission of his report the 1st defendant filed its objections. Thereafter the 1st defendant filed the present application for appointment of second commissioner to survey the land in question on the ground that the earlier surveyor has not conducted the survey in accordance with the prescribed norms. The trial Court finding that whenever one of the parties to the suit disputed the earlier survey, it is better to call the survey report from the second surveyor and it will be helpful to the Court for effective conclusion and disposal, held that if second surveyor is appointed, no prejudice would be caused to the plaintiff and allowed the applica









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