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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
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 2016 before the trial Court.
3. The facts giving rise to filing of this civil revision petition briefly stated are;
3.1 That the plaintiffs filed suit in O.S.No.167 of 2016 before the Principal Senior Civil Judge at Kothagudem, Bhadradri-Kothagudem District, for recovery of possession of the suit schedule property to an extent of 213 square yards, by demolishing the existi
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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