Back
R. RAGHUNANDAN RAO
Duvvuru Mohan Reddy – Appellant
Versus
Kuntrapkam Uma Maheswar Rao – Respondent
ORDER :
1. Heard Sri N. Nitesh, learned counsel for the Petitioner and Smt. V. Hima Bindu, learned counsel for the respondents.
2. The petitioner herein had filed O.S. No. 337 of 2023 before the Principal Civil Judge (Junior Division)-Cum-Judicial Magistrate of First Class, Puttur against three private defendants and three official defendants, for grant of permanent injunction, restraining the defendants 1 to 3 therein from interfering with the suit schedule property consisting of Ac. 4.13 cents in Sy. No. 197-3 and Ac. 0.06 cents in Sy. No. 197-5B of Thirumandyam Village, Vadamalapet Mandal, Tirupati.
3. The case of the petitioner was that, the aforesaid suit schedule property had been purchased by him, by way of a registered deed of sale dated 06.09.2006, registered as document No. 1798 of 2006 and that he was in possession of the suit schedule property due to which, the petitioner had also been issued electronic pass book for the said land.
4. The defendants 1 to 3, who are arrayed as respondents 1 to 3 herein, had opposed the suit. The case of the defendants was that they are part of a joint family and their late uncle had acted as the manager of the joint family during his life ti
The appointment of an Advocate Commissioner is justified for on-site evidence collection to resolve land disputes, emphasizing the necessity of local investigation.
The appointment of an Advocate Commissioner for property demarcation does not constitute evidence collection if it serves to resolve factual disputes.
The appointment of an Advocate-Commissioner is justified under Order XXVI Rule 9 of CPC to resolve property boundary disputes, even if a previous suit exists, provided the circumstances differ.
An Advocate Commissioner can be appointed to verify physical features of property but not to ascertain possession in a suit for injunction.
If it was a case of demarcation of disputed land, it was appropriate for the court to direct the investigation by appointing a Local.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
