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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.Madhusudhan Rao
Minpoor Bhoomaiah Died Per LRs. – Appellant
Versus
Abdul Raheem – Respondent
ORDER :
B.R.Madhusudhan Rao, J.
1. The Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the Order passed by the Junior Civil Judge, at Jogipet in I.A.No.52 of 2023 in OS.No.48 of 2012, dated 24.02.2023.
2. Petitioners are the respondents-defendants and the respondent is the petitioner-plaintiff in IA.No.52 of 2023 in OS.No.48 of 2012.
3. Learned counsel for the petitioners-respondents submits that the trial Court ought to have seen that the suit is for simplicitor injunction, no Advocate Commissioner can be appointed in the absence of circumstances warranting appointment and has committed manifest error in allowing the application in the absence of any specific finding recorded in support of the appointment. The learned trial Court ought to have seen that there is no dispute with regard to the identity of the property either with reference to the boundaries or extent of the land and has committed material irregularity in not appreciating the evidence on record with reference to the law governing the subject and it amounts to not exercising the jurisdiction vested in it. The learned trial Court erred in observing that it is necessary to fix up th
The appointment of an Advocate Commissioner in a simplicitor injunction suit requires specific justification, and courts should only interfere when there are clear errors on record.
The High Court's supervisory jurisdiction under Article 227 is limited to correcting jurisdictional errors, ensuring proper exercise of powers by trial courts.
The court reaffirmed that the appointment of an Advocate Commissioner is not warranted if the application primarily seeks evidence gathering rather than boundary identification.
The High Court’s supervisory power under Article 227 can only be exercised to correct grave errors; dismissal of Advocate Commissioner application upheld as lawful.
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