V. R. K. KRUPA SAGAR
Ponnuru Sambasiva Rao – Appellant
Versus
Pamarthi Nageswara Rao – Respondent
ORDER:
This civil revision petition is filed under Article 227 of the Constitution of India assailing the order dated 08.03.2019 passed by learned I Additional Junior Civil Judge, Machilipatnam in I.A.No.248 of 2013 in O.S.No.166 of 2013.
2. Despite notice, none appeared for respondent. Learned counsel for revision petitioner submitted arguments.
3. The point for determination is:
4. Point:
Sri Ponnuru Sambasiva Rao filed O.S.No.166 of 2013 concerning certain immovable property seeking recovery of possession and a mandatory injunction for removal of certain constructions and for a permanent injunction as a measure of his protection and for costs and for such other reliefs. During pendency of the suit, he also filed I.A.No.248 of 2013 seeking for appointment of an advocate commissioner for certain purposes. The learned trial Court dismissed that forcing the plaintiff therein/petitioner herein to approach this Court by way of Civil Revision Petition No.2208 of 2015. On 19.12.2018 this Court allowed the revision and gave certain directions to the learned trial Court and the same is extracted below:
The main legal point established in the judgment is that unless the earlier report of the Advocate Commissioner is scraped, the question of re-issuing the warrant does not arise.
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