ORDER:

This Civil Revision Petition has been filed against the order passed in IA.No.214 of 2021 in O.S.No.214 of 2017, on the file of the VII Additional Judicial Magistrate of First Class, Rajamahendravaram.

2. Heard the learned counsel for the petitioner and the learned counsel for 1st respondent.

3. 1st respondent herein/plaintiff filed the aforesaid suit seeking declaration of his title in respect of plaint B schedule property; recovery of possession; mandatory injunction directing petitioner/1st defendant to remove unauthorized construction made in ADEF marked portion which is plaint B schedule property in the plaint rough plan beyond his property and constructed three storied building by encroaching into the property of 1st respondent/plaintiff; declaration that 1st respondent/plaintiff has got joint right along with petitioner/1st defendant in marked portion of C schedule property, and for permanent injunction restraining petitioner/1st defendant from interfering with the peaceful possession and enjoyment of the 1st respondent/plaintiff over the plaint B schedule property and plaint C schedule property.

4. 1st respondent/plaintiff filed I.A.No.214 of 2021 in the said suit seeking appointment of an Advocate Commissioner, and vide the impugned Order dated 07.11.2022, the Court below allowed the petition, appointing an Advocate Commissioner with a direction to make local investigation and to measure the encroachment with regard to B schedule portion i.e., ADEF marked portion and also to measure the encroachment of 1st defendant with regard to C schedule i.e., the constructions occupying the two feet common lane adjacent western side and southern side compound walls around AGHD marked portion, with the assistance of Municipal Surveyor and to fix boundaries.

5. The present Civil Revision Petition has been filed by 1st defendant against the said order with a grievance that the measurement, as ordered by the Court below, Advocate Commissioner should be with reference to supporting documents produced in the suit i.e. Exhibits A1 to A3. Since the impugned order does not indicate about reference of any documents of respective parties to enable the Advocate Commissioner to take measurements, both the counsel agreed to the extent that the measurement of encroached portion in the ‘B’ schedule property be done in the presence of the Advocate Commissioner with reference to the documents filed in this suit i.e. Exhibits A1 to A3.

6. Accordingly, the Civil Revision Petition is disposed of, with a direction that measurement of encroached portion in the ‘B’ schedule property be done in the presence of the Advocate Commissioner with reference to the documents filed in this suit i.e.

Exhibits A1 to A3. No costs.

7. As a sequel, miscellaneous applications, if any pending, shall stand closed.

____________________________

K. SREENIVASA REDDY, J.

Date: 01.11.2023 PKR/DRK Note: issue CC in a week.

{B/o}

PKR THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY

205 Civil Revision Petition No. 2508 OF 2022 Date:01.11.2023 Note: issue CC in a week.

{B/o}

PKR