R. RAGHUNANDAN RAO
Ramakka – Appellant
Versus
Muneppa – Respondent
ORDER :
(R. Raghunandan Rao, J.)
1. Heard Sri Mahadeva Kanthrigala, learned counsel for the Petitioner.
2. The petitioner herein had filed O.S. No. 183 of 2011 in the Court of the Principal Junior Civil Judge, Kuppam against the respondents herein for grant of permanent injunction against the respondents from interfering with the possession of the petitioner over the suit schedule property consisting of two items. The first item being described in Schedule-A of the suit as an extent of land in Sy. No. 13/3 of Vasanadu Gollapalli Village and item No. 2 being a country tiled house bearing D. No. 3-23 of Vasanadu Gollapalli Village. The said 'B' Schedule being part of the 'A' schedule property.
3. The respondents herein resisted the suit on the ground that the suit schedule property was originally assigned to the mother of the respondents Smt. Santhamma under a D-form patta and that the respondents had constructed two portions of houses and two small shops on the said property and that they are in occupation of the said property after paying house tax. The respondents also contended that the description of the property does not match the property on the ground.
4. The respondents, during t
The appointment of an Advocate Commissioner for property demarcation does not constitute evidence collection if it serves to resolve factual disputes.
Appointment of an Advocate Commissioner for property inspection is permissible and does not constitute evidence collection, facilitating resolution of title disputes without prejudice to rights.
The court emphasized that an Advocate Commissioner can be appointed to document property features in injunction suits if property identity is disputed, regardless of possession.
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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