THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA CIVIL REVISION PETITION NO.614 OF 2021

ORDER:

This Civil Revision Petition is filed under Article 227 of the Constitution of India aggrieved by the order and decree, dated 16.03.2021, in I.A.No.128 of 2021 in I.A.No.104 of 2018 in O.S.No.60 of 2009 on the file of learned XXV Additional Chief Judge, City Civil Court, Hyderabad, wherein the application filed under Order XXVI Rule 9 read with Section 151 of C.P.C. seeking to re-entrust the warrant to Advocate Commissioner and Deputy Director of Survey and Land Records, Hyderabad District and to conduct survey after giving notice to all the respondents, was dismissed.

2. For the sake of convenience, the parties hereinafter will be referred to, as they are arrayed in the suit.

3. Brief facts of the case are that the plaintiffs have filed a suit in O.S.No.60 of 2009 for declaration of title and recovery of possession relating to schedule A and B properties, wherein defendant Nos.3 and 4 said to have encroached upon the said lands. Pending suit, the petitioners filed I.A.No.242 of 2009 which was re-numbered as I.A.No.104 of 2018 under Order XXVI Rule 9 of C.P.C seeking appointment of Advocate Commissioner to visit the Suit Schedule Property and inspect the same for purpose of identification of land which was actually allotted to the respective parties i.e. respondent No.5-society and thereafter respondent Nos.3 and 4 with specific reference to the concerned allotment orders, panchanama and sketch plan prepared by the Government officials at the time allotment of vis-à-vis the present possession on the site by taking the help of the surveyor not below the rank of Deputy Director, Survey and Land Records.

4. The learned Judge, after hearing both the parties allowed the said application and accordingly Sri D.Chandra Sekhar Reddy, Advocate was appointed as an Advocate Commissioner and issued warrant of Commission to him with a specific direction, directing him to take the assistant of Deputy Director of Survey and Land Records and inspect and conduct survey in respect of the suit schedule properties which are mentioned as below for conducting survey:

1. The land originally allotted to R5 society 1396 acres in Sy No.403 of Shaikpet Village and Sy. NO.2/1 of Hakimpet village.

2. 218.80 acres withdrawn by the government with specific reference to extent in each Sy.No.403 of Shaikpet village and

102/1 of Hakimpet.

3. Petition A and B schedule properties and their extent as per documents and the extent as available on ground with specific reference to survey numbers and plot numbers.

4. To see whether 4.05 acres allotted to R3 and 2 acres allotted to R4 in any manner on ground encroached on the petition A and B schedule of properties.

5. Pursuant to the said warrant, he executed the warrant by fixing the date of execution of the commission and visited the site on 16.11.2019 in the presence of both the counsel and their respective parties i.e., plaintiffs and defendants by taking assistance of Sri M.Gnaneshwar, Deputy Inspector of Survey Department. But on the said date, the execution could not take place as the land belonging to Income Tax Department and the land belonging to Blue Cross Society were covered with bushes and trees and due to which, the Advocate Commissioner is unable to measure the said lands.

6. Once again Advocate Commissioner has fixed the date of execution of Commission on 21.10.2020 at 4:00AM to conduct survey of land in Survey No.403 of Shaikpet village and 102/1 of Hakimpet and he also issued notices on all the parties concerned and on the said date the learned counsel for the plaintiffs, learned counsel for the defendants and their respective parties and the Income Tax Department and representative of respondent No. 5- Society, with the help of R.O.M (Record of Measurement) of Survey No.403 of Shaikpet Village, D.G.P.S (Digital Global Position System) and E.T.S. (Electronic Total Station) Machines. The commission was continued on 04