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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.LAKSHMAN
Nandala Anvesh – Appellant
Versus
Mamidala Vijay – Respondent
| Table of Content |
|---|
| 1. challenge against interlocutory application and decree. (Para 2 , 3 , 4) |
| 2. response to the appeal on advocate commission. (Para 5 , 6) |
| 3. purpose of appointing an advocate commissioner. (Para 8 , 11) |
| 4. limitations on the scope of advocate commissioner. (Para 9 , 12 , 14) |
| 5. final decision and order of the court. (Para 15) |
ORDER :
K. LAKSHMAN, J.
Heard Sri Vedula Srinivas, learned Senior Counsel representing Smt. Vedula Chitralekha, learned counsel for the petitioner and Sri Gaddam Srinivas, 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.738 of 2022 in I.A.No.296 of 2022 in O.S.No.321 of 2022 passed by the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Karimnagar.
3. Respondent has filed a suit vide O.S.No.321 of 2022 against the petitioners herein for declaration of the title, perpetual injunction and to declare the registered gift settlement deed bearing document No.3818 of 2022, dated 29.03.2022 and registered gift settlement deed bearing document No.3816 of 2022, dated 29.03.2022 as nul
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.
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 to determine disputed property boundaries is permissible under CPC, ensuring proper adjudication of land disputes.
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 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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