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2013 Supreme(AP) 122

C.V.NAGARJUNA REDDY
Papasani Sankara Reddy – Appellant
Versus
Kandula Hanumantha Reddy – Respondent


Advocates appeared:
V.V. Satish for O. Manoher Reddy, Counsel for the Petitioner.

ORDER

1. This civil revision petition arises out of order, dated 2.11.2012, in IA No. 213 of 2012 in OS No. 58 of 2007 on the file of the learned Junior Civil Judge, Guntakal.

2. The petitioner filed the above mentioned suit for declaration of his right to use the main street abutting the plaint schedule property on the southern side without any let or hindrance, and for a mandatory injunction to direct the respondents/defendants to remove the respective houses constructed by them on the main street on the southern side of the plaint schedule property and not to cause any obstruction to him from using the main street. He has filed IA No. 213 of 2012 under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (for short CPC) for appointment of an Advocate-Commissioner to inspect the suit schedule property, measure the same and demarcate the boundaries with the assistance of the Mandal Surveyor and to locate the extent of encroachment by the respondents on the southern side of the suit schedule property. The respondents opposed the said application. The Court below upon considering the respective pleas dismissed the application.

3. The reasoning of the Court below in dismissing the ap



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