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IN THE HIGH COURT OF ANDHRA PRADESH
B.S.BHANUMATHI
K. Venkat Reddy – Appellant
Versus
A.Ranjith Kumar – Respondent
| Table of Content |
|---|
| 1. facts of the case involving plaintiffs seeking injunction. (Para 2 , 3) |
| 2. trial court's handling and observations of measurements. (Para 4 , 5 , 6) |
| 3. court objections regarding commissioner's report. (Para 7 , 8) |
| 4. ruling on modification of orders and trial court powers. (Para 9) |
| 5. final decision on revising the trial court's order. (Para 10) |
ORDER:
This revision is filed aggrieved by the docket order, dated 27.11.2024, passed in I.A.No.34 of 2024 in O.S.No.1033 of 2023 on the file of the Court of II Additional Junior Civil Judge, Kurnool, filed by the plaintiff under Order XXVI, Rule 9 and Section 151 C.P.C. to appoint an advocate commissioner by directing him to inspect the petition schedule property, on the urgent process, for the purpose of investigation by directing him to take the assistance of Municipal Surveyor, Kurnool, and to file his report with sketches thereof into Court.
The plaintiff brought suit against the defendants seeking the relief of permanent injunction and to pass a decree in his favour. The defendants resisted the suit by filing written statement. Even after filing of the suit, on 09.11.2023 and 15.11.2023, the defendants tried to encroach i
Trial Court may not modify orders without sufficient justification and must consider all previous decisions unless challenged.
The Advocate Commissioner's report is non-adjudicatory and serves only to assist the court, not to bind it in decision-making.
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.
The appointment of an Advocate Commissioner is justified in boundary disputes to provide clarity, based on the discretion of the Court under Order XXVI Rule 9 of the Civil Procedure Code.
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