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 C