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2014 Supreme(AP) 502

CHALLA KODANDA RAM
Nambada Varaha Narasimhulu – Appellant
Versus
Karanam Dalamma – Respondent


Advocates:
Advocate Appeared
For the Petitioner:N. Siva Reddy, Advocate.
For the Respondents:R3, B.S. Sivaji, Advocate.

ORDER

This Civil Revision Petition is directed against the order dated 03.06.2013 passed in I.A.No. 1903 of 2012 in O.S.No. 144 of 2010 whereby the learned Principal Junior Civil Judge, Vizianagaram, allowed the interlocutory application filed by the defendants by appointing an Advocate Commissioner to localize the plaint schedule vacant site with the help of Municipal/Government Surveyor and note down in which survey number the plaint schedule property is situated.

2. The learned counsel for the petitioner-plaintiff while placing reliance upon the judgment of this Court reported in A. Gopal Reddy v R.Subramanyam Reddy and Another 2013(3) ALT 623 submits that it is well settled that the plaintiff will have to succeed on his own merits. It is further submitted that if at all the question of appointing Advocate Commissioner arises it would arise only at the time of trial and the site over which the plaintiff is claiming right is well-demarcated and delineated by the boundaries and there is no dispute with regard to the identity of the property, as such, the appointment of an Advocate Commissioner at the interlocutory stage is not justifiable and the impugned order is liable to be dism







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