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IN THE HIGH COURT OF TELANGANA
LAXMI NARA YANA ALISHETTY
K.Indira – Appellant
Versus
Nellutla Veeresh Kumar – Respondent
| Table of Content |
|---|
| 1. existence and ownership dispute over schedule properties. (Para 4 , 5 , 6 , 7 , 12 , 13) |
| 2. opposing arguments regarding the necessity of advocate-commissioner appointment. (Para 8 , 10 , 11) |
| 3. judicial reasoning on the appointment of advocate-commissioner. (Para 9 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. final ruling on the civil revision petition (Para 20) |
ORDER :
Laxmi Narayana Alishetty, J.
This Civil Revision Petition is filed assailing the order dated 09.02.2024 in I.A.No.1356 of 2023 in O.S.No.614 of 2018 passed by the XVII Additional Senior civil Judge, City Civil Court, Hyderabad.
2. Heard Sri H.Venugopal, learned senior counsel representing Sri N.Mukund Reddy, learned counsel for petitioners on record, and Sri Mirza Saifulla Baig, learned counsel for respondents.
3. The petitioners herein are the defendant Nos.18, 22, 23, 24 25; respondent no.1 herein is the plaintiff No.1 before the trial Court. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.
4. Brief facts relevant for adjudication of the present Civil Revision Petition are that plaintiff filed the suit for partition, declaration and separate possession against the defendant
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 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 in a partition suit is unnecessary if sufficient evidence has already been presented by the parties involved.
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.
The Advocate Commissioner's report is non-adjudicatory and serves only to assist the court, not to bind it in decision-making.
An Advocate Commissioner can be appointed to verify physical features of property but not to ascertain possession in a suit for injunction.
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