THE HONOURABLE SMT. JUSTICE P.SREE SUDHA CIVIL REVISION PETITION No.3962 of 2024

ORDER:

This Civil Revision Petition is filed against the Order dated

04.12.2024 in I.A.No.481 of 2015 in O.S.No.299 of 2011, passed by the learned Principal Senior Civil Judge, at Sangareddy.

2. Petitioners herein/plaintiffs have filed an application vide I.A.No.481 of 2015 in O.S.No.299 of 2011, against the respondents/defendants, seeking to appoint an Advocate Commissioner to survey the land in Sy.No.209 of Kollur Village with the help of official surveyor. The contention of the petitioners is that petitioner No.1/plaintiff No.1 purchased the land admeasuring Acs.8 – 00 gts forming part of Sy.No.209, situated at Kolluru Village through a registered sale deed in the year 1998 in his name and also purchased a land admeasuring Acs.3 – 37 gts of the same survey number in the name of his son and thus they are having the land total admeasuring Acs.11 – 37 gts in the said survey number. From then onwards, they are in possession and enjoyment of the said land. Later, petitioner No.1 gifted Acs.3 – 00 gts out of Acs.8 – 00 gts under registered gift deed to his daughter S.Amulya in the year 2007. Outer ring road authority has acquired Acs.6 – 29 gts of land.

3. Petitioners stated that respondents/defendants have purchased the agricultural lands in Sy.No.206, 207 and 209 and constructed a compound wall by encroaching the land of petitioner No.1 to an extent of 345 Sq.yrds and the land of petitioner No.2 to an extent of 152 Sq.yrds. The encroached area was shown in the plan attached to the plaint. Though they objected the same, respondents constructed the compound wall stating that they are constructing in their land, as such petitioners have filed the suit for declaration of title and recovery of possession and also for mandatory injunction by removing the compound wall and filed an application to appoint advocate commissioner to survey the land belonging to them and to demarcate the boundary of Sy.No.209 with the help of official surveyor.

4. In the counter filed by the respondents in I.A.No.481 of 2015 in O.S.No.299 of 2011, they stated that petitioners claiming that there is a short fall of total 497 Sq.yrds in their lands. To ascertain the same, firstly the lands of the petitioners i.e., petitioner No.1, petitioner No.2 and the daughter of petitioner No.1 shall be measured through digital survey to know the reality and requested to allow the said application with the above direction. Therefore, the trial Court appointed Advocate Commissioner on 08.04.2019, with the following direction:

“Therefore, you are hereby appointed as an Advocate Commissioner for demarcating and measuring the lands of both the parties with the help of Inspector of survey with the aid of village map and sale deeds of both the parties and tippons. The learned Advocate Commissioner shall also issue notice to both the parties and obtain work memos if any.”

5. Work memo was filed by petitioner No.1 on 27.07.2019 and Advocate Commissioner’s report was filed on 09.02.2021. It seems that part of the survey was conducted on 28.12.2019 and the remaining on 22.02.2020. At the time of survey, both the parties were present and location map was also filed before the Court. Petitioner No.1 filed objections against the report of the Advocate Commissioner on 12.03.2021 and filed another application for appointment of another Advocate Commissioner. The trial Court after considering the arguments of both sides accepted the report of the Advocate Commissioner and also intended to consider the documents filed by him i.e.,Exs.C1 to C7 and evidence of surveyor and advocate commissioner at the time of disposing of the main suit. Aggrieved by the said Order, petitioners have preferred the present Civil Revision Petition.

6. Learned Counsel for the petitioners herein mainly contended that the report of the advocate commissioner is to be eschewed and another advocate commissioner is to be appointed and thus requ