THE HONOURABLE SMT. JUSTICE P.SREE SUDHA CIVIL REVISION PETITION No. 484 of 2023

ORDER:

This Civil Revision Petition is filed aggrieved by the order dated 17.03.2021 passed in I.A.No.103 of 2018 in O.S.No.1 of 2016 by the learned Junior Civil Judge, Luxettipet at Luxettipet.

2. Heard both sides. Perused the record.

3. The Suit vide O.S.No.1 of 2016 is filed for declaration of title and recovery of possession by the petitioner/plaintiff against respondents/defendants. During the pendency of the petition, petitioner/plaintiff filed I.A.No.103 of 2018 to appoint and Advocate Commissioner. Respondents reported no counter and the trial Court after hearing both sides, dismissed the application on 17.03.2021. Aggrieved by the said order, petitioner preferred this civil revision petition.

4. Learned counsel for petitioner stated that the appointment of advocate commissioner is to demarcate the land for better adjudication of the dispute. The trial Court ought to have allowed the application at least for the land in Sy.No.153. Petitioner is not a party to the W.P.No.11682 of 2015 and the order of the said writ petition is against the authorities only. The remedy under common law and the writ ju