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J. SREENIVAS RAO
Salveru Padmarao – Appellant
Versus
Varin and Varin Constructions P Ltd. , Kamareddy – Respondent
ORDER :
J. Sreenivas Rao, J.
This Civil Revision Petition is filed invoking the provisions of Article 227 of the Constitution of India, aggrieved by the orders dated 03.07.2024 passed by the Senior Civil Judge, Kamareddy in I.A.No.66 of 2023 in O.S. No.7 of 2015.
2. Revision petitioner herein is the plaintiff and respondent No.1 is defendant No.22 in the suit. For the sake of convenience, the parties herein are referred to as they were arrayed in the suit in O.S.No.7 of 2015 before the Court below.
3. Brief facts of the case:
3.1 Plaintiff filed suit in O.S. No.7 of 2015 on the file of Senior Civil Judge, Kamareddy seeking partition and separate possession in respect of his share in the suit schedule property i.e. Ac.3-03 guntas in Sy.No.748 situated at Kamareddy, stating that he is successor of his great grandfather late Salveru Papaiah, who is original pattadar of the schedule property, and he is in joint possession along with defendant Nos.1 to 15 and he requested the defendant Nos.1 to 15 to divide the suit schedule property and allot his 1/15th share out of 1/5th share, when they refused the same, he filed the above said suit.
3.2 In the said suit, defendant No.22 filed written stat
The appointment of an Advocate Commissioner in a partition suit is unnecessary if sufficient evidence has already been presented by the parties involved.
The appointment of an Advocate Commissioner is unnecessary when sufficient evidence exists to determine the facts in a partition suit.
The appointment of an Advocate-Commissioner is unwarranted in the absence of genuine ambiguity regarding property identification; the burden to prove ownership lies with the plaintiffs.
Appointment of an Advocate-Commissioner under Order XXVI Rule 9 is justified for local investigation when property existence is disputed, aiding effective adjudication without merely collecting evide....
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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