THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO CITY CIVIL COURT APPEAL No.12 of 2019

JUDGMENT:

1. This memorandum of appeal is filed under Section 96 of CPC assailing the order passed in I.A.No.23 of 2017 in O.S.No.146 of 1999 dated 17.07.2018 by XII Additional Senior Civil Judge (FTC), City Civil Court at Secunderabad.

2. Appellant is the respondent – defendant and respondent is the petitioner – plaintiff in I.A.No.23 of 2017 in O.S.NO.146 of

1999.

3.1 Respondent – petitioner has filed I.A.No.23 of 2017 in O.S.NO.146 of 1999 under Order XX Rule 12 read with Section 151 of CPC praying the Court to appoint an advocate commissioner to ascertain the quantum of rents prevailing in the plaint schedule vicinity and pass such other order as the Court may deem fit and proper. The schedule of the property is ground floor premises bearing plot No.68 admeasuring plinth area of 1510 sq.ft., in a building known as ‘Marliz’ situated at Paiga Colony SP road Secunderabad, with specific boundaries.

3.2 It is stated in the affidavit in I.A.No.23 of 2017 that the learned III Senior Civil Judge, City Civil Court Secunderabad was pleased to decreed the suit in O.S.No.146 of 1999 on 06.06.2005 and had directed the