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1996 Supreme(AP) 800

MOTILAL B.NAIK
M. Munaswami Naidu – Appellant
Versus
Smt. K. Nagamani – Respondent


MOTILAL B. NAIK, J.

( 1 ) ORDER made in I. A. No. 216 of 1996 in O. S. No. 459 of 1987 on 28-6-1996 by the munsif Magistrate, Pakala, Chittoor District is the subject matter of challenge in this revision.

( 2 ) RESPONDENT instituted a suit for injunction in O. S. No. 459 of 1987 in the court of the Munsif Magistrate, Pakala, Chittoor District. Petitioners are the defendants in the said suit. The respondent being the plaintiff in the said suit filed an application under Order 16 Rule 2 (sic. l (2)) of CPC to summon the advocate-Commissioner appointed in I. A. No. 495 of 1986 which was instituted by the respondents in O. S. No. 292 of 1986 on the file of the Munsif Magistrate, piler. The respondent averred in the affidavit filed in support of the petition that in the earlier suit O. S. No. 292 / 86 in the Court of the Munsif Magistrate, Piler, an Advocate-Commissioner by name Sudhakar Reddy was appointed for noting down the physical features of the suit property and as such the respondent desired to examine the said Advocate-Commissioner to speak about the physical features of the suit property. The said I. A. No. 216 / 96 in O. S. No. 459 of 1987 which is filed under Order 16 Rule 2










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