THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CIVIL REVISION PETITION No.3041 OF 2025

ORDER:

This Civil Revision Petition is filed aggrieved by the order dated

28.07.2025 passed in I.A.No.218 of 2025 in O.S.No.39 of 2019 by the learned Senior Civil Judge at Mahabubabad.

2. Heard learned counsel for the petitioner.

3. Though notice is served on the respondents, there is no appearance on behalf of them.

4. Learned counsel for the petitioners submitted that the petitioner filed a petition on the file of learned Senior Civil Judge, Mahabubabad vide I.A.No.218 of 2025 under Order XXVI Rules 9 & 10(A) of CPC seeking to appoint Advocate Commissioner to demarcate the land, which is in dispute, pertaining to Survey Nos.144 & 149 situated at Thorrur Village with the assistance of Assistant Director, Survey &

Land Records, Mahabubabad.

5. It is further submitted that the learned Senior Civil Judge, Mahabubabad, dismissed the said petition assigning the reasons as under:

demarcate Survey Nos.149/D and 144. From the contents of title to petitioners in their written statement itself. However, the petitioners have kept silent all these years and filed the present petition when the matter has been posted for arguments. The suit pertains to 2019. The petitioners ought to have filed the present petition immediately after the written statement was filed.

Further in a suit for permanent injunction, the burden entirely is on the petitioners to bring convincing and cogent evidence on record and for so doing, it is not possible for them to invoke Order XXVI Rule 9, which is intended for a different purpose.”

and the learned Judge further relied upon the judgment of the Hon’ble Apex Court in Penta Urmila v. Karuvala Kumaraswamy [2004 SCC Online AP 1975].

6. It is further submitted that the petitioner would be losing his valuable right of demarcation of the land and in case the petitioner succeeds in the said suit, where the title of the petitioner is under challenge by the respondents in O.S.No.39 of 2019, the valuable right of the petitioner will be defeated. The delay as stated in the said order is not willful and due to lack of awareness, the petitioner under Order XXVI Rule 9 was not filed within the prescribed time period.

7. This Court on perusing the record and upon hearing the learned counsel for the petitioner, deems it appropriate to remand the matter to the learned Senior Civil Judge, Mahabubabad, directing to afford an opportunity to the petitioner to file the reasons of delay in not filing the petition under Order XXVI Rule 9 of CPC before the said Court within the time limit and upon examining the same, the learned Senior Civil Judge, Mahabubabad shall pass appropriate orders.

8. With the above directions, this Civil Revision Petition is disposed of. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications if any pending, in this petition, shall stand closed.

_____________________

E.V.VENUGOPAL, J

Date: 21.11.2025

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