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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.SREENIVAS RAO
Kanagala Mutyavathi, W/o. Late Laxmaiah @ Laxmana Rao – Appellant
Versus
Kanagala Anantha Ramulu, S/o. Late Suryanarayana – Respondent
| Table of Content |
|---|
| 1. background of the property dispute. (Para 1 , 2 , 3) |
| 2. defendants claim ambiguity and seek advocate-commissioner. (Para 5 , 6) |
| 3. court assesses necessity for local investigation. (Para 7 , 8 , 9) |
| 4. order 26 rule 9 cpc clarified. (Para 10 , 11) |
| 5. court finds no bona fide dispute. (Para 12 , 13 , 14) |
| 6. civil revision petition dismissed. (Para 15 , 16) |
ORDER :
J.SREENIVAS RAO, J.
This Civil Revision Petition has been filed invoking the provisions of Article 227 of the Constitution of India, aggrieved by the orders dated 16.09.2025 passed by the Principal Senior Civil Judge, Kothagudem, where under the I.A.No.3 of 2025 in O.S. No.167 of 2016 filed by the petitioners/defendants seeking appointment of an Advocate-Commissioner to conduct local investigation, survey, demarcation and to note down the physical features of the land to an extent of Ac.0-13 guntas in Sy.No.786 situated at Paloncha Town and Mandal, with the help of a Mandal Surveyor, was dismissed.
2. Revision petitioners herein are the defendants and respondents are the plaintiffs in the main suit. For the sake of convenience, the parties herein are referred to as they were arrayed in the suit in O.S.No.16 of 201
The appointment of an Advocate-Commissioner is unwarranted in the absence of genuine ambiguity regarding property identification; the burden to prove ownership lies with the plaintiffs.
The appointment of an Advocate Commissioner is unnecessary when sufficient evidence exists to determine the facts in a partition suit.
The appointment of an Advocate Commissioner in a partition suit is unnecessary if sufficient evidence has already been presented by the parties involved.
Appointment of an Advocate-Commissioner under Order XXVI Rule 9 is justified for local investigation when property existence is disputed, aiding effective adjudication without merely collecting evide....
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