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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAGESH BHEEMAPAKA
Vala Srinivasa Rao – Appellant
Versus
Nuzhat Zamani (died) per LRs. – Respondent
ORDER :
Nagesh Bheemapaka, J.
Aggrieved by the order dated 16.10.2025 in I.A. No. 182 of 2024 in O.S. No. 150 of 2015 on the file of the Principal Senior Civil Judge, Mancherial, appointing an Advocate Commissioner, this Civil Revision Petition is filed by the unsuccessful Defendants 4 and 5 in the suit.
2. For the sake of convenience, parties are referred to as arrayed in the suit.
3. The case of plaintiffs is that they are the absolute owners and possessors of dry land in Survey No. 42 to an extent of Ac. 2.35 guntas, situated at Naspur Village, Mancherial Town and Mandal, Adilabad District. When Revenue authorities (Defendants 1 to 3) tried to dispossess plaintiffs from the schedule lands without following due process of law, they filed Writ Petition No. 11112 of 2013 which was disposed of by order dated 23.03.2013 directing not to dispossess Plaintiff No.1 except in accordance with law after putting her on notice and giving an opportunity of being heard. Despite, Revenue authorities issued Form-D1 and proceedings dated 13.05.2013 assigning plaintiff's land in favour of the 4th defendant, therefore, plaintiffs filed Contempt Case No. 1618 of 2013. In this Contempt Case, Revenue offi
The appointment of an Advocate Commissioner is justified in boundary disputes to provide clarity, based on the discretion of the Court under Order XXVI Rule 9 of the Civil Procedure Code.
The Advocate Commissioner's report is non-adjudicatory and serves only to assist the court, not to bind it in decision-making.
The appointment of an Advocate-Commissioner is justified under Order XXVI Rule 9 of CPC to resolve property boundary disputes, even if a previous suit exists, provided the circumstances differ.
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