M. JAGANNADHA RAO, J.

( 1 ) THIS is a revision preferred by the defendants against an order refusing to appoint a commissioner under Order 26 Rule 9 of the Code of Civil Procedure. Tne suit was filed b/ the respondent plaintiff for a declaration of his title to the plaint schedule property and for parmanent injunction. Tha plaint schedule describes the land as bsing a n extent of 3 acres and 14 cents with Fruit bearing trees in S No 94/1 of Nadigadda village. The respondent plaintiffs case was that the suit property was originally owned by Addanki Nagaiah and his four sons jointly and they executed a registered sale deed in favour of the respondent-plaintiff on 12-1-1969 and put him in possession. The plaint also admits that the defendant-petitioner s family got one half share and that later there was a further division and the southern half share fell to the defendants and the northern half. Share fell to the plaintiff predecessors-in-title. In the northern half share thereara 38 mango trees and the southern half share allotted to the petitioner defendants was fully covered by a mango garden. The plaintiff alleges that there is no seperate fence dividing the 38 mango trees on the n

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