IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
Arshinapalli Rajitha – Appellant
Versus
A. Vidyasagar Rao – Respondent
| Table of Content |
|---|
| 1. dispute over land possession necessitates local survey. (Para 3 , 4) |
| 2. trial court's jurisdiction upheld in appointing a commissioner. (Para 10 , 11) |
ORDER :
1. This Civil Revision Petition is filed under Article 227 of the Constitution of India, aggrieved by the order dated 02.09.2024 in I.A.No.168 of 2024 in O.S.No.1146 of 2022 by the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Jayashankar, Bhupalpally (hereinafter referred to as “the trial Court”)
2. The revision petitioner herein is the respondent/plaintiff and respondent is the petitioner/defendant before the trial Court. For convenience and clarity, the parties herein are referred to as they were arrayed before the trial Court.
3. The case of the petitioner before the trial Court is that he has filed a petition under Order XXVI Rule 9 of the Code of Civil Procedure praying the Court to appoint an advocate commissioner to determine the survey number of the land (suit schedule property) which is in the possession and enjoyment of the respondent with the assistance of Assistant Director for Survey and Land Records, Warangal and with the help of tippon and village map of Buddaram. The suit
The appointment of an advocate commissioner to determine disputed property boundaries is permissible under CPC, ensuring proper adjudication of land disputes.
In a suit for perpetual injunction, boundaries prevail over survey numbers, and the appointment of an Advocate Commissioner to ascertain the location of the property is not justified.
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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