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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Kottala Ashok – Appellant
Versus
Maisa Bheemavva @ Bheema Bhai – Respondent
| Table of Content |
|---|
| 1. overview of disputed boundaries (Para 2 , 8 , 9) |
| 2. claim of ownership and need for demarcation (Para 3 , 4) |
| 3. opposition to advocate commissioner's appointment (Para 5 , 7) |
| 4. court's analysis of demarcation validity (Para 6 , 10) |
| 5. criteria for appointing advocate commissioner (Para 11) |
| 6. dismissal of civil revision petition (Para 13) |
ORDER :
Renuka Yara, J.
Heard M/s. C. Hari Preeth, learned counsel for the petitioner and Sri A. Jagan, learned counsel for respondent No.1. Perused the entire record.
2. The Civil Revision Petition is preferred by the petitioner/respondent No.2/defendant No.2 aggrieved by the order passed by the learned Principal Junior Civil Judge at Nirmal (‘trial Court’) in I.A.No.277 of 2023 in O.S.No.86 of 2021, dated 04.01.2024, wherein a petition filed under Order XXVI Rule 9 read with Section 151 of CPC seeking appointment of an Advocate Commissioner to demarcate the entire land in Sy.No.147/2 situated at Koutla (K) Shivar Village of Nirmal Rural and Mandal and to fix the boundaries and measure the suit land as per registered sale deed and also demarcate Ac.0-08 guntas of land in said survey number by fixing boundaries, has been allowed appoint
In cases of boundary disputes, the appointment of an Advocate Commissioner is permissible to clarify boundaries, while ownership disputes demand separate adjudication.
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.
If it was a case of demarcation of disputed land, it was appropriate for the court to direct the investigation by appointing a Local.
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