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K. MANMADHA RAO
Kancherla Venkateswara Rao – Appellant
Versus
Devatha Maha Lakshmamma (died) – Respondent
| Table of Content |
|---|
| 1. background of the revision petition and parties (Para 1 , 2 , 3) |
| 2. court’s observations on execution petition limitation (Para 4 , 8 , 9 , 12) |
| 3. arguments from both sides regarding joint wall (Para 6 , 7) |
| 4. legal basis for appointing a commissioner in execution (Para 10 , 11) |
| 5. final decision to allow the revision (Para 13) |
ORDER :
(K. Manmadha Rao, J.)
This Revision Petition, under Article 227 of the Constitution of India, is preferred against the order, dated 21.09.2015, in E.A.No. 555 of 2015 in E.P.No.85 of 2013 in O.S.No.467 of 2003 on the file of the Court of the Principal Junior Civil Judge, Palakol, West Godavari, (in short “the court below’) which was filed under Order 26, rule 9 read with Section 151 of C.P.C for appointment of an Advocate/ Commissioner to measure the joint wall as per the documents of the both the parties with the assistance of surveyor and to note down the physical features of the existing wall after identifying the same with measurements and file the report along with plan into Court.
2. The petitioners herein are the defendants 4 and 5; respondents herein 1 to 3 are the defendants 1 to 3 and respondents 4 and 5 herein are the plaintif
The appointment of an advocate-commissioner during execution proceedings is justified for measuring the joint wall essential for enforcing a decree.
Cause of action is a fresh cause of action and on the basis of which the compromise decree cannot be put to execution.
The appointment of an Advocate Commissioner is justified for on-site evidence collection to resolve land disputes, emphasizing the necessity of local investigation.
The main legal point established in the judgment is that the decree for prohibitory injunction encompasses the right to construct a compound wall, and obstruction to this right can be remedied under ....
While examining the judgment of trial court, the appellate court has to render its finding only after dealing with all the issues of law as well as of fact and with the oral as well as documentary ev....
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