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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
C.V.BHASKAR REDDY
Padiri Sanjeeva Rao – Appellant
Versus
P. Ramchandra Reddy – Respondent
| Table of Content |
|---|
| 1. civil revision petition filed regarding appointment of advocate commissioner. (Para 1 , 2) |
| 2. arguments regarding the necessity of an advocate commissioner in property dispute. (Para 3 , 5) |
| 3. court's rationale supporting the trial court's decision on the appointment. (Para 4 , 6) |
| 4. dismissal of civil revision petition with directions for future proceedings. (Para 7) |
ORDER :
C.V. BHASKAR REDDY, J.
The present Civil Revision Petition is filed aggrieved by the order, dated 12.12.2024, passed in I.A.No.266 of 2023 in O.S.No.213 of 2021 by the I Additional Junior Civil Judge, Vikarabad, Vikarabad District (for short, ‘the trial Court’).
2. The plaintiff/respondent No.1 herein has instituted a suit vide O.S.No.213 of 2021 on the file of the Additional Junior Civil Judge, Vikarabad, against the defendants seeking declaration of title and recovery of possession, mandatory injunction for dismantling the illegal structures raised by defendant No.1 in the suit schedule property and for grant of Mesne profits pertaining to suit property. During pendency of the suit, the plaintiff has filed I.A.No.266 of 2023 under Order XXVI Rule 9 of CPC seeking to appoint an Advocate Commission
Appointment of an Advocate Commissioner is warranted under Order XXVI Rule 9 CPC for clarifying boundaries, even in the presence of other pending legal proceedings.
The appointment of an Advocate Commissioner is not allowed solely for evidence collection but rather to assist the court in clarifying disputes under specified procedural guidelines.
The appointment of an Advocate Commissioner to fix boundaries during ongoing litigation constitutes impermissible evidence collection under Order 26 Rule 9 of the CPC.
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