APHC010597542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO: 3028/2025 Between:

1. G ORREPATI SRINIVASA RAO,, S/O. SUBBARAO, AGED 58 YEARS, PADMALAYA BAKERY, NEELAMPALEM, ONGOLE CITY, PRAKASAM DISTRICT.

...PETITIONER AND

1. M EKALA RAMA MOHANA RAO, S/O. PAPAIAH, AGED 56 YEARS.

R/O. DARGA GRAMAM (V), CUMBUM MANDAL, PRAKASAM DISTRICT.

2. K ELAM ANKI REDDY, S/O. CHENNA REDDY, AGED 59 YEARS. R/O.

MADANA PULLALA CHERUVU (V), BESTAVARIPETA MANDAL, PRAKASAM DISTRICT.

...RESPONDENT(S):

Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased topleased to allow this revision, setting aside the Order dated 25-02- 2025 passed in I. A. 36 /2023 in OS No. 67 of 2023 on the file of the III Addl.

Civil Court (Junior Division) Ongole, and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to dispense with in filing of the certified copies of docket orders dated 25-02-2025 in lA No. 36 of 2023 in OS no. 67 of 2023 pending before the Hon'ble III Additional Civil Judge (Junior Division), Ongole, till pending of CRP and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of the Order dated. 25.02.2025 passed in I.A. No. 36 of 2023 in OS No. 67 of 2023 on the file of the Court of Learned Civil Judge, (Junior Division) Ongole, pending disposal of the main CRP and to pass Counsel for the Petitioner:

1. T SREEDHAR Counsel for the Respondent(S):

1.

The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CIVIL REVISION PETITION NO.3028 OF 2025 ORDER:-

The Civil Revision Petition is filed under Article 227 of the Constitution of India seeking to set aside the order dated 25.02.2025 passed in I.A.No.36 of 2023 in O.S.No.67 of 2023 on the file of the III Additional Civil Court (Junior Division) Ongole and to pass appropriate orders.

2. Heard learned counsel for the petitioner. Perused the material on record. 3. The petitioner herein is the defendant and the respondents herein are the plaintiffs in the suit. For convenience of the court the parties are referred to as referred at the trial Court.

4. Learned counsel for the revision petitioner submits that the plaintiffs/ respondents herein instituted a suit in O.S.No.67 of 2023 on the file of Court of III Additional Junior Civil Judge, Ongole seeking for permanent injunction in respect of the suit schedule property. The defendant/ petitioner herein filed a written statement. During pendency of the suit, the plaintiffs/ respondents herein filed I.A.No.36 of 2023 seeking for appointment of an advocate commissioner to conduct survey and to locate the plaint schedule property. The said application filed in a suit for permanent injunction cannot be sustained. The onus to prove possession and enjoyment of the suit schedule property rests solely on the plaintiffs, and the appointment of commissioner at this stage amounts to collection of evidence and is not permissible. But, the III Additional Junior Civil Judge, ongole by order dated 25.02.2025 erroneously allowed the I.A.No.36 of 2023 appointing an advocate commissioner for conducting survey and demarcation of the plaint schedule property with a mandal surveyor which is contrary to the settled principles of law. Aggrieved by the said order, the defendant therein/ petitioner herein preferred the present civil revision petition.

5. Learned counsel for the revision petitioner further submits that appointment of advocate commissioner at this stage amounts to the collection of evidence and