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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Nandala Anvesh – Appellant
Versus
Bathini Raju – Respondent
| Table of Content |
|---|
| 1. interlocutory application for appointment of an advocate commissioner. (Para 2) |
| 2. title declaration and injunction specifics. (Para 3 , 4) |
| 3. opposition against advocate commission appointment. (Para 5) |
| 4. details on procedural context and relief sought. (Para 6 , 13) |
| 5. guidance on order 26 rule 9 of c.p.c. (Para 8 , 9 , 10) |
| 6. function of advocate commissioner in litigation. (Para 11 , 12) |
| 7. impermissibility of evidence collection appointment. (Para 14) |
| 8. civil revision petition conclusion. (Para 15) |
ORDER :
K. LAKSHMAN, J.
Heard Sri Vedula Srinivas, learned Senior Counsel representing Smt. Vedula Chitralekha, learned counsel for the petitioner and Sri Vadlakonda Ravi Kumar Reddy, learned counsel appearing for respondent. Perused the record.
2. This Civil Revision Petition is filed under Article 227 of the Constitution of India, challenging the order, dated 30.10.2024 in I.A.No.705 of 2022 in I.A.No.290 of 2022 in O.S.No.307 of 2022 passed by learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Karimnagar.
3. Respondent has filed a suit vide O.S.No.307 of 2022 against the petitioners herein for declaration of the title, perpetual injunction and t
The appointment of an Advocate Commissioner to fix boundaries during ongoing litigation constitutes impermissible evidence collection under Order 26 Rule 9 of the CPC.
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 main legal point established in the judgment is that the appointment of a second Commissioner should only occur if the report of the first Commissioner is unsatisfactory and the court is dissatis....
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 justified under Order XXVI Rule 9 of CPC to resolve property boundary disputes, even if a previous suit exists, provided the circumstances differ.
The appointment of an advocate commissioner to determine disputed property boundaries is permissible under CPC, ensuring proper adjudication of land disputes.
The discretionary power of appointing a commissioner under Order 26 Rule 9 CPC and the need for physical verification in cases of disputes regarding boundaries or physical features of the property.
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