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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
GUDISEVA SHYAM PRASAD, J.
Kunja Bhaskar - Petitioner
Versus
Korsa Mallaiah - Respondent
CRP.No.3963 of 2018
Decided On : 10-08-2018
Constitution of India – Article 227 – Code of Civil Procedure – Order XXVI Rule 9 r/w. Section 151 – Application for appointment of Advocate-Commissioner – Dismissal of – Civil Revision Petition, under Article 227 of Constitution of India, is preferred against the order in I.A. in O.S. passed by Principal Junior Civil Judge, dismissing application filed for appointment of Advocate-Commissioner to measure land within the boundaries of Plot – Held, Court is not inclined to differ with order passed by Court below in dismissing application filed by defendant, defendant is at liberty to get subject land measured by a Government or Licensed Surveyor on his own and submit his report before Court below during course of his evidence – Civil Revision Petition Disposed of. (Paras 6, 7)
1. This Civil Revision Petition, under Article 227 of the Constitution of India, is preferred against the order dated 06.06.2018 in I.A.No.347 of 2017 in O.S.No.165 of 2013 passed by the Principal Junior Civil Judge, Kothagudem, Khammam District, dismissing the application filed for appointment of Advocate-Commissioner to measure the land within the boundaries of Plot No.10 in Sy.No.816 of Nehru Nagar, Paloncha.
2. The petitioner is defendant and the respondent is plaintiff in the suit O.S.No.165 of 2013. For the sake of convenience, the parties are referred to as they were arrayed in the suit before the Court below.
3. The plaintiff filed aforesaid suit for perpetual injunction. In the said suit, the defendant filed an application in I.A.No.347 of 2017 under Order XXVI Rule 9 r/w. Section 151 of C.P.C., seeking appointment of an Advocate-Commissioner to measure the land within the boundaries of Plot No.10 in Sy.No.816 of Nehru Nagar, Paloncha. On consideration of the evidence and the material on record, the Court below dismissed the said application through the impugned order dated 06.06.2018. Aggrieved by the same, the defendant has preferred the present Civil Revision Petition.
4. Heard learned counsel for the petitioner/defendant and perused the material on record.
5. Learned counsel for the defendant submits that the defendant may be permitted to get the above said land measured by a Government Surveyor and submit report before the Court below during the course of his evidence.
6. Having regard to the facts and circumstances of the case, though this Court is not inclined to differ with the order passed by the Court below in dismissing the application filed by the defendant, the defendant is at liberty to get the subject land measured by a Government or Licensed Surveyor on his own and submit his report before the Court below during the course of his evidence.
7. With the above observation, this Civil Revision Petition is disposed of. No order as to costs.
8. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
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