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K. MANMADHA RAO
K. Rafiq Basha, S/o. K. Hydar Basha – Appellant
Versus
Valukuru Rama Krishna, S/o Neelakantaiah – Respondent
ORDER :
(K. Manmadha Rao, J.)
Both the Civil Revision Petitions are filed against the orders dated 27.06.2024 passed in I.A.No160 of 2024 and I.A.No.161 of O.S.No.174 of 2015 by the Court of Civil Judge (Senior Division), Kadiri.
2. As the issue involved in both the civil revision petitions is one and the same, these matters are taken up together for disposal by this Common Order.
3. The petitioner herein is the defendant No.2; 1st respondent herein is the plaintiff and the respondents No.2 to 4 are the defendants No.1, 3 and 4 in O.S.No.174 of 2015, which was filed before the Senior Civil Judge, Kadiri (for short “the trial Court”) for declaration of title and for grant of permanent injunction with regard to the plaint schedule property. The evidence was closed and the suit was posted for arguments. During pendency of the same, the petitioner herein filed interlocutory applications before the trial Court vide I.A No. 160 of 2024 in O.S No.174 of 2015 under Order 26 Rule 9 of CPC seeking to appoint an Advocate Commissioner to note down the existing physical features of the suit schedule property and also filed I.A No. 161 of 2024 in O.S No.174 of 2015 under Order 16 Rule 14 of CPC se
The court clarified that the appointment of an Advocate Commissioner and summoning witnesses are at the court's discretion, not a right of the parties, and the burden of proof lies with the plaintiff....
The court emphasized that the appointment of an Advocate Commissioner and summoning witnesses are at the court's discretion, and the burden of proof rests with the plaintiff.
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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