JUDGMENT/ORDER

1. Heard Sri. Ravindra Reddy, the learned counsel for the petitioners and Sri. Harshavardhan R. Malipatil, the learned counsel for the respondent.

2. In terms of the impugend order passed by the First Appellate Court, where the appeal filed under Sec. 96 of Code of Civil Procedure (for short 'CPC') is pending, an application under Order XXVI Rule 9 of CPC at I.A.No.2 in R.A.No.17/2011 before the Senior Civil Judge, Sedam is allowed.

3. In terms of the said order on I.A.No.2 the First Appellate Court has allowed the application for appointment of Deputy Director of Land Records to measure the suit property bearing Sy.No.212 and to submit a report as to whether there is any government land between the land of the plaintiff and the riverbed and also directed the DDLR to give a report on the extent of government land if at all there is such land between the land of the plaintiff and the riverbed.

4. Sri. Ravindra Reddy, the learned counsel for the petitioners would submit that before filing the suit at the instance of the respondents an application was filed before the ADLR. The ADLR has already measured the property and submitted a report and that report was made the par