IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.S. BHANUMATHI, J.
Madaka Rama Mohan Rao – Appellant
Versus
Gonthina Saraswathi – Respondent
C.R.P. Nos. 677, 837, 840, 846 of 2021
Decided On : 09-11-2022
Constitution of India, 1950 - Article 227 –Civil Procedure Code, 1973 - Order XXVI Rule 9(1), Order XXVI Rule 18, Order VII Rule 14(2), Order XVIII Rule 17 CPC, Order XXVI Rule 9, Section 75, 151 - Parties to appear before Commissioner - Courts to try all civil suits unless barred - Provides for the power of superintendence over all Courts and Tribunals throughout the territory by the High Court - Whether there is any necessity to appoint a Commissioner or not –Held, This Court does not see any reason to interfere with order impugned in revision since it has given valid reasons for dismissing petition - There is no need to pass any orders in other two revision petitions and filed challenging order of trial Court refusing to reopen suit and recall petitioner and they automatically fail, and are liable for dismissal - Petitions dismissed.
ORDER :
1. All these revisions, under Article 227 of the Constitution of India, are filed challenging the interlocutory orders, dated 20.04.2021, dismissing I.A. Nos. 567 of 2019, 564 of 2019, 565 of 2019 and 566 of 2019 in O.S. No. 290 of 2017 on the file of the Court of Principal Senior Civil Judge, at Gajuwaka.
2. I.A. No. 567 of 2019 is filed under XXVI Rule 9 read with Section 151 CPC to appoint an advocate commissioner with the help of Mandal Surveyor to note down the physical features, measure the properties of the petitioner and the respondents; I.A. No. 564 of 2019 is filed under Section 151 CPC to reopen the matter to adduce further evidence by recalling the plaintiff; I.A. No. 565 of 2019 is filed under Order XVIII Rule 17 CPC to recall the petitioner by reopening the matter to adduce further evidence and I.A. No. 566 of 2019 is filed under Order VII Rule 14(2) read with Section 151 CPC to grant leave to receive and mark the registered gift settlement deed, dated 02.06.2015.
3. Heard Sri Mangena Sree Rama Rao, learned counsel appearing for the petitioner/petitioner/plaintiff and Sri T.V.S. Prahakara Rao, learned counsel appearing for respondents/respondents/defendants.
4. The issue involved in all these revisions are inter-connected and the parties being the same, all these revision petitions are heard together and are being taken up for disposal.
5. The facts leading to filing of these petitions, in brief, are as follows:
(b) In order to place the aforesaid facts, two applications in I.A. Nos. 564 of 2019 and I.A. No. 565 of 2019 were filed requ
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SupremeToday
The discretion of appointing an Advocate Commissioner under CPC does not equate to gathering evidence; it serves to resolve disputes of property boundaries effectively.
An Advocate Commissioner can be appointed to verify physical features of property but not to ascertain possession in a suit for injunction.
The appointment of an Advocate Commissioner is justified when there is a genuine need to elucidate property boundaries and location, and when the available evidence is inadequate to determine the sam....
The Advocate Commissioner's report is non-adjudicatory and serves only to assist the court, not to bind it in decision-making.
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