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M. G. PRIYADARSINI
Mohammed Iqbal – Appellant
Versus
Bochu Ameer – Respondent
ORDER :
M.G. Priyadarsini, J.
Aggrieved by the order dated 04.12.2023 in I.A.No.396 of 2023 in O.S.No.59 of 2023 (hereinafter will be referred as ‘impugned order’) passed by the learned Junior Civil Judge, Kalwakurthy, the defendant filed the present Civil Revision Petition to set aside the impugned order.
2. The brief facts of the case are that the plaintiff filed O.S.No.59 of 2023 before the learned Junior Civil Judge, Kalwakurthy for declaration of title, recovery of possession and perpetual injunction in respect of the suit schedule property. Apart from the suit, the plaintiff also filed I.A.No.396 of 2023 under Order XXVI Rule 9 of the Code of Civil Procedure to appoint an Advocate Commissioner for local inspection, conducting survey, demarcation and measuring the lands in Sy.No.395/EE and 360/AA of Marchala Village, Kalwakurthy Mandal, Nagarkurnool owned and possessed the by both the parties respectively with reference to their title deeds. The defendant filed detailed counter opposing the said application, however, the learned Junior Civil Judge allowed the said application on 04.12.2023. Aggrieved by the same, the defendant has preferred the present Civil Revision Petition to
The Advocate Commissioner's report is non-adjudicatory and serves only to assist the court, not to bind it in decision-making.
Local investigation should be conducted at an early stage in property disputes to prepare the parties for trial and ensure proper adjudication of the issue.
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.
Appointment of Advocate Commissioner – Where there is controversy as to identification, location or measurement of land, local investigation should be done.
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