The appointment of an advocate commissioner for measuring property is impermissible if boundaries have already been established.

THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO CIVIL REVISION PETITION NO.1513 OF 2023

ORDER:

This Civil Revision Petition is filed under Article 227 of the Constitution of India by the petitioners assailing the order dated 20.04.2023 passed in I.A.No.40 of 2023 in I.A.No.2 of 2022 in O.S.No.1502 of 2022 by the II Additional Junior Civil Judge at Khammam.

2. Petitioners are the respondents - defendants and respondent Nos.1 and 2 are the petitioners – plaintiffs in I.A.No.40 of 2023.

3. Learned counsel for the petitioners submits that the learned Judge erred in allowing I.A.No.40 of 2023 by appointing an advocate commissioner to measure the suit property including Survey No.45 of Pakabanda village with the assistance of Assistant Director of Survey and Land Records. The Court below ought to have seen that as per the orders passed by the High Court the survey was conducted by giving due notices to the adjacent owners, while doing so the respondents did not raise any objection and did not claim ownership over the suit schedule property as they are not in possession of the same. The petitioners have been insisting for disposal of injunction petition [I.A.No.2 of 2022] but to drag on the matter, the application for appointment of advocate commissioner (i.e., I.A.No.40 of 2023) is filed, placed reliance on the order of this Court in the case of Battu Saidi Reddy and another Vs. Battu Madhav Reddy¹ and prayed to set aside the impugned order.

4. Learned counsel for the respondents – plaintiffs submits that the Trial Court has properly appreciated the facts of the case and rightly allowed the application for appointing an advocate commissioner for proper adjudication of the lis, no interference is called for and prayed to dismiss the present Civil Revision Petition. 5. Heard learned counsels on record and perused the material.

6. Now the point for consideration is: whether the impugned order passed by learned II Additional Junior Civil Judge at Khammam in I.A.No.40 of 2023 in I.A.No.2 of 2022 in O.S.No.1502 of 2022 dated 20.04.2023 suffers from any perversity or illegality, if so, does it requires interference of this Court?

7. Power of the High Court under Article 227 is supervisory and is exercised to ensure courts and tribunals under its supervision act within the limits of their jurisdiction conferred by law. This power is to be sparingly exercised in cases where errors are apparent on the face of record, occasioning grave injustice by the CRP.No.651 of 2025, dated 11.04.2025 court or tribunal assuming jurisdiction which it does not have, failing to exercise jurisdiction which it does have, or exercising its jurisdiction in a perverse manner (See: K.Valarmathi and Others Vs. Kumaresan – 2025 SCC OnLine SC 985).

8. Respondent No.1 herein has sworn the affidavit in I.A.No.40 of 2023 for appointment of advocate commissioner wherein he stated that the petitioners – respondents filed their counter and written statement in the suit claiming that they are the owners of land in survey Nos.71, 72, 73, 74, 75, 76 and 80 of Pakabanda area and alleged that their vendor sold excess land, which is not correct and they are no way concerned with the said transactions. Even as per the village map the southern side boundary of Survey No.73 is 45 and the registered document No.1914/1996 dated 21.11.1995 purchased by petitioner No.2 herein - respondent No.2 and another is in respect of land in survey No.73 showing the southern side boundary as Shaik Masthan Bee, who is the owner of the land in Survey No.45. Respondents herein – petitioners are claiming land in survey No.45, which is no way concerned with the land of the petitioners herein - respondents. But the petitioners herein - respondents are making illegal interference over the suit schedule property. To avoid complication and to come out with the real facts, it is necessary to measure and demarcate the entire land in survey Nos.45 and 73 covered with the boundaries shown in the suit schedule property by ap