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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R. MADHUSUDHAN RAO
Sadabathula Dasharatham – Appellant
Versus
Shaik Siraj Ahmed – Respondent
| Table of Content |
|---|
| 1. jurisdiction and grounds for revising trial court orders. (Para 1 , 4 , 5 , 8) |
| 2. limits of high court's supervisory powers. (Para 10 , 16) |
ORDER :
1. The Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the Order passed in I.A.No.302 of 2021 in OS No.9 of 2017 by the learned Junior Civil Judge -Cum- Judicial Magistrate of First Class, Korutla, Jagtial District in dismissing the application filed for appointment of Advocate Commissioner vide order dated 04.07.2022.
3.1. Petitioner has filed I.A.No.302 of 2021 under Order 26 Rule 9 of Code of Civil Procedure , 1908, to appoint an Advocate Commissioner to fix the boundaries of suit Survey No.798 with the help of Mandal Surveyor or any other Superior Officer.
4. Respondents-defendants have filed their counter and contended that they filed suits against the petitioner prior to filing the suit by him before the same Court vide OS Nos.123, 124, 125 and 126 of 2015 in respect of agriculture land to an extent of 9 ½ guntas each in Survey No.
situated at Korutla Shivaru and Mandal and the same are pending. The suit filed by the petitioner is for perpetual injection in respect of land to
The High Court's supervisory jurisdiction under Article 227 is limited to correcting jurisdictional errors, ensuring proper exercise of powers by trial courts.
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 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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