SUBBA REDDY SATTI
Dandu Venkata Satya Suryanarayana Raju, S/o late Gopala Raju – Appellant
Versus
Bomidipati Raja Kamala, W/o Bomidipati Sri Vallabha Sastry – Respondent
ORDER :
Plaintiff in the suit filed the above revision against the order dated 13.06.2022 in I.A.No.32 of 2022 in O.S.No.415 of 2019 on the file of V Additional Junior Civil Judge, Kakinada.
2. Plaintiff filed the suit O.S.No.415 of 2019 seeking perpetual injunction.
3. In the plaint, it was contended interalia that schedule property was unclaimed and locked property situated contiguous to the south of Plot No.14 in L.P.No.21 of 1991; that originally one Saanji Venkata Subba Rao along with others purchased land in an extent of Ac.1.50 cents by way of registered sale deed dated 22.04.1972 and later divided the same into plots; that plot No.16 fell to the share of S.V.Subba Rao; that schedule property is unclaimed and locked property situated contiguous to the south of plot No.16 and is in possession of S.V.Subbarao; that he died intestate on 16.02.1990 and his legal heirs succeeded to plot No.16 and contiguous plot; that unapproved layout was approved by the Director of Town and Country Planning vide L.P.No.21 of 1991 dated 26.07.1993; that plot No.16 was changed to plot No.14; that legal heirs of S.V.Subbarao i.e. Saanji Venkata Naga Vara Prasad and other sold the plot to the plaint
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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 main legal point established in the judgment is that the appointment of an Advocate Commissioner in a suit for injunction is permissible when there is a dispute regarding the boundaries and exten....
The appointment of an Advocate Commissioner in a partition suit is unnecessary if sufficient evidence has already been presented by the parties involved.
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