HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.29964 OF 2022

ORDER

Heard Mr. Sujith Jaiswal, learned counsel for the petitioner, Sri Somu Srinivas Reddy, learned Assistant Government Pleader for Revenue and Sri P.Raja Sripathi Rao, learned Senior Counsel representing Sri B.Arjun Rao, learned counsel appearing for respondent No.6.

2. Undisputed Facts:-

i. Father of the petitioner late S.M.Ghori Patel, purchased land admeasuring Ac.4.00guntas in Sy.No.40/1 under a registered sale deed bearing document No.685/1991 dated 25.01.1991, likewise, the petitioner purchased the land admeasuring Ac.1.34guntas in the very same survey number situated in Manneguda Sarfakhas Village, Pudur Mandal, Vikarabad District under a registered sale deed bearing document No.5035 of 2015, dated 24.08.2015.

ii. The petitioner along with his brother are claiming that they are the absolute owners and possessors of the subject land admeasuring Ac.5.34guntas of land in Sy.No.40/1 situated at Manneguda Sarfakhas Village, Pudur Mandal, Vikarabad District (for short, ‘the subject property)’

iii. After demise of his father, on 03.07.2012, the petitioner and his brother divided the subject property. The petitioner became absolute owner and possessor of the land admeasuring Ac.3.34guntas and his brother became owner of Ac.2.00guntas.

iv. Their names were also mutated in the revenue records and pattadar passbooks were also issued in their favour.

v. An extent of 1518sq.metres/Ac.0.15guntas of land was acquired in the year 2019 for the purpose of road widening of NH 163. An Award vide proceedings No.B/1178/2017-PDR-1, dated 20.03.2019 was also passed. Thus, the left out land is Ac.5-

19guntas in Sy.No.40/1.

vi. The petitioner along with his brother erected boundary stones and fenced the land with barbed wire.

vii. 6^th respondent is the absolute owner and possessor of the land admeasuring Ac.6.15guntas in Sy.No.41/1 of the same Village. An extent of 4215sq.mts,/Ac.1.02guntas was acquired by the Government for road widening of NH 163 under the above award.

viii. According to the petitioner, 6^th respondent created boundary dispute between the remaining land of the petitioner and his brother in Sy.No.40/1 and 6^th respondent in Sy.No.41/1.

ix. 6^th respondent attempted to remove the boundary stones and the barbed wire illegally claiming that it is his land in Sy.No.41/1. Therefore, the petitioner and his brother filed a suit vide O.S.No.82 of 2021 against the 6^th respondent seeking perpetual injunction. They also filed I.A.No.245 of 2022 in the said suit seeking interim injunction. Initially, status-quo ante order was granted in respect of the respective lands of the petitioner, his brother and 6^th respondent till 10.06.2021 and vide order dated 08.11.2021, learned Trial Court extended the said order till further orders.

x. The said suit is pending and the said interim order is subsisting.

xi. The petitioner and his brother filed I.A.No.781 of 2022 under Order XXVI Rule 9 read with Section 151 of CPC to appoint an Advocate-Commissioner to conduct local investigation, survey of entire land in Sy.No.40, demarcate the same by fixing boundaries to Sy.No.40/1 which includes suit schedule property with the assistance of Government surveyor by using tippon of Sy.No.40/1 commencing from the village shivar boundary stone available on the north-western side of suit schedule property i.e.

subject property.

xii. Respondent No.6 reported no counter in the said I.A.No.781 of

2022.

xiii. Therefore, vide order dated 06.06.2022, learned Junior Civil Judge, Pargi, Vikarabad District, allowed the said I.A.No.781 of 2022 in O.S.No.155 of 2021 appointing Sri Damodar Reddy, as Advocate-Commissioner to conduct local investigation and conduct survey of entire land with the help of surveyor.

3. The above undisputed facts would reveal that learned trial Court appointed Sri Damodar Reddy, as Advocate- Commissioner, to conduct local investigation and conduct survey of entire land with the help of surveyor.

4. While