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2016 Supreme(AP) 78

M.SEETHARAMA MURTI
Mohammed Jaffer Abdul Qadeer Qureshi – Appellant
Versus
Aziz-ur-Rehman Qureshi – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Chavali Ramanand, Advocate.
For the Respondents:R1 to R4, T. Janardhan Reddy, Advocate.

Judgment :-

1. This civil revision petition under Article 227 of the Constitution of India by the plaintiff is directed against the order and decretal order dated 02.04.2014 of the learned III Additional District Judge, Ranga Reddy District passed in IA.No.1104 of 2013 in IA.No.918 of 2013 in OS.No.1228 of 2013 filed by the defendants 1,3,4 and 5 under Order XXVI Rule 9 read with Section 151 of the Code of Civil Procedure, 1908 (‘the Code’, for short) requesting to appoint an Advocate Commissioner to visit the suit schedule properties and note down the physical features of the suit ‘C’ schedule property and the existence of a road-‘C’ schedule property and file a report.

2. I have heard the submissions of the learned counsel for the revision petitioner/plaintiff and the learned counsel for the respondents/defendants 1,3,4 and 5. I have perused the material record.

3. The said defendants in support of their request for appointment of an advocate commissioner inter alia urged, in the affidavit of the 5th defendant, as follows:

The plaintiff brought the suit for partition and allotment of 2/13th share in ABDEF and G schedule properties and for a perpetual injunction restraining the defend

























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