G.SHYAM PRASAD
A. Rajagopal Reddy – Appellant
Versus
G. Swamy Reddy – Respondent
ORDER :
G. Shyam Prasad, J.
1. This civil revision petition arises out of the order dated 7.3.2019 passed in IA No. 68 of 2018 in OS No. 27 of 2018 on the file of the Court of the Principal Junior Civil Judge, Kurnool.
2. Heard the learned Counsel for petitioners and the learned Counsel for respondents.
3. The revision petitioners are the defendants in OS No. 27 of 2018 on the file of the Court of the Principal Junior Civil Judge, Kurnool, filed by the respondents/plaintiffs for permanent injunction against the petitioners/defendants from ever interfering with the peaceful possession and enjoyment of the plaint schedule property. The respondents have also filed IA No. 68 of 2018 under Order XXVI Rule 9 and Section 151 of Code of Civil Procedure, 1908, for appointment of an Advocate Commissioner to measure the suit schedule land and the same was allowed. Aggrieved by the said order, petitioners have preferred this revision.
4. The learned Counsel for the petitioners submits that in a suit for injunction, a Commissioner cannot be appointed after adducing evidence by both the parties in this case and the respondents/plaintiffs are trying to gather the evidence during trial.
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