IMPORTANT POINT
Commissioner can be appointed for localization of property when there is dispute or issue with regard to identity of property in litigation.

This revision petition is filed by respondent Nos. 1 to 3-defendant Nos. 1 to 3 in I.A.No. 1390 of 2012 in O.S.No. 322 of 2012 on the file of the Court of Principal Junior Civil Judge, Nizamabad (for short, 'the trial Court'), under Article 227 of the Constitution of India to revise the order dated 23-11-2015 passed by the trial Court appointing an advocate commissioner to fix boundaries of schedule property by exercising power under Order 26 Rule 1 read with Section 151 of the Code of Civil Procedure (for short, 'C.P.C.'). For convenience of reference, the ranks given to the parties before the trial Court will be adopted throughout this order.

The petitioner-plaintiff filed the suit for perpetual injunction against the respondents-defendants and for demarcation of schedule property alleging that he was the absolute owner of agricultural land in S.No. 329 of an extent of Ac. 18.32 guntas situated at Nadepalli Village Sivaru, Dichpally Mandal, Nizamabad District. The petitioner succeeded the same from his father Sangu Buchanna, S/o Chinnanna. Out of Ac. 18.32 guntas, the petitioner sold an extent of Ac. 15.11 guntas to the respondents while retaining Ac. 3.21 guntas for himself. Thus, he is the owner of Ac. 3.21 guntas i.e. schedule property. Taking advantage of illiteracy of the petitioner, the respondents raised a boundary dispute only to grab the land of the petitioner by changing boundary stones and, thereby, causing inconvenience. Having no other alternative, the petitioner submitted an application to the Assistant Director, Survey and Land Records, Nizamabad, to fix boundaries of his agricultural land in an extent of Ac. 3.21 guntas. Accordingly, on 01-01-2012, Mandal Surveyor, Dichpally, along with Village Revenue Officer, Nadepalli Village, surveyed the land and fixed boundary stones. Despite fixing boundary stones, the respondents are still raising boundary dispute and attempting to encroach schedule property. Again, the petitioner requested the Assistant Director, Survey and Land Records to conduct survey of schedule property. Acceding to the request of the petitioner, the Assistant Director, Survey and Land Records, Nizamabad, along with V.R.O., Nadepalli Village, again conducted survey, demarcated the land i.e. schedule property, fixed boundaries vide proceedings No. A3/418/2012 dated 12-06-2012 and prepared a trench map. Even thereafter, the respondents continued to raise the boundary dispute. Therefore, to avoid unnecessary complications, the petitioner filed the suit for permanent injunction and to fix boundaries of schedule property with the help of surveyor. While the suit is pending, the present petition is filed to appoint advocate commissioner to demarcate schedule property with the help of surveyor from the office of the Assistant Director, Survey and Land Records.

The respondents filed counter denying material allegations inter alia contending that appointment of advocate commissioner to survey and demarcate schedule property and fix boundaries is misconceived, cannot be entertained and noting down physical features of schedule property is nothing but collection of evidence. The respondents also denied ownership of the petitioner while contending that they are the exclusive owners and in possession and enjoyment of the property; in the absence of proof that the petitioner is in possession and enjoyment of the property including ownership over the property, commissioner cannot be appointed to demarcate the land of the respondents and to fix boundaries of schedule property as it amounts to granting main relief; and prayed to dismiss the petition.

Upon hearing argument of both counsel, the trial Court allowing the petition and issued the following direction:

"Sri B.Satyanarayana Goud, Advocate, is appointed as advocate/commissioner for the purpose of survey and demarcation of the suit schedule property with the assistance of surveyor from the office of Assistant Director, Survey and Land Records, Nizam