IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
SUVARNA BAI – Appellant
Versus
A.NARASAMMA – Respondent
ORDER :
1. This Civil Revision Petition is filed under Article 227 of Constitution of India, being aggrieved by the order passed in I.A.No.1032 of 2017 in O.S.No.1900 of 2010 on the file of Principal Senior Civil Judge, Ranga Reddy District at L.B. Nagar.
2. Heard Ms.P.Vijayalakshmi, learned counsel representing Sri G.Dhananjai, learned counsel for the revision petitioner and Sri Aravind, learned counsel representing Sri S.Venkatachlam, learned counsel for the respondent. The petitioner herein who is defendant in the suit and the respondent herein who is plaintiff in the suit.
3. Brief facts of the case are that the plaintiff herein filed a suit seeking a decree for directing the defendant to vacate and hand over possession of suit schedule property to the plaintiff and other reliefs pending the suit. The petitioner herein filed an application under Order XXVI Rule 9 of Code of Civil Procedure, 1908 vide I.A.No.1032 of 2017 in O.S.No.1900 of 2010, seeking appointment of an Advocate Commissioner to inspect and survey the Suit Schedule Property with the assistance of Government Surveyor. It is contended that the petitioner is the absolute owner and possessor of Plot bearing No.289 and 2
Appointment of an Advocate Commissioner for property inspection is permissible and does not constitute evidence collection, facilitating resolution of title disputes without prejudice to rights.
The appointment of an Advocate Commissioner for property demarcation does not constitute evidence collection if it serves to resolve factual disputes.
In a suit for recovery of possession of property, appointment of an advocate commissioner to measure the property basing on registered documents will help the Court to find out as to the existence of....
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