IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Puli Vajramma – Appellant
Versus
Nakirekanti Kishore – Respondent
| Table of Content |
|---|
| 1. introduction of the case and context. (Para 2 , 3) |
| 2. opposition to the appointment of advocate commissioner. (Para 4 , 6) |
| 3. ruling from the trial court on property identification. (Para 5 , 10) |
| 4. arguments presented by both parties. (Para 7 , 9) |
| 5. court's analysis of law regarding appointments. (Para 8 , 11 , 12) |
| 6. final decision to set aside the lower court's order. (Para 14) |
ORDER:
RENUKA YARA, J.
1. Heard Mr. Kiran Palakurthi, learned counsel for the petitioner/plaintiff and Mr. N. Srinivas Yadav, learned counsel for the respondents/defendants.
2. This Civil Revision Petition is filed aggrieved by the order passed by the learned I Additional Junior Civil Judge at Miryalaguda in I.A.No.34 of 2022 in O.S.No.220 of 2015, dated 19.06.2023, wherein, the said petition filed by the respondents herein under Order 26, Rule 9 r/w Section 151 of CPC seeking appointment of an Advocate Commissioner was allowed by passing the following order:
“7. In the result, petition is allowed. Sri M. Kumar Reddy, Advocate is appointed as Advocate Commissioner to measure and find out that whether the suit schedule land is in Sy.No.126 or in Sy.No.139 of Vemulapally Village with the help co
In a suit for perpetual injunction, boundaries prevail over survey numbers, and the appointment of an Advocate Commissioner to ascertain the location of the property is not justified.
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