THE HONOURABLE DR. JUSTICE G. RADHA RANI CIVIL REVISION PETITION No.1258 of 2022

ORDER:

This Civil Revision Petition is filed by the petitioners - defendants aggrieved by the order dated 05.05.2022 passed in I.A.No.65 of 2021 in O.S.No.327 of 2021 by the learned Principal Junior Civil Judge - cum - XXV Additional Metropolitan Magistrate, Cyberabad at Ibrahimpatnam, Rangareddy District.

2. O.S.No.327 of 2021 is filed by the respondents - plaintiffs seeking the relief of perpetual injunction to restrain the defendants from causing any interference with their possession and enjoyment over the suit schedule A to E properties. I.A.No.65 of 2021 is filed by the defendants under Order XXVI Rule 9 of CPC seeking for appointment of an Advocate Commissioner to identify, demarcate and fix the boundaries of Survey Nos.216, 217 and 173 of Mangalpally Village with the help of Mandal Surveyor, Ibrahimpatnam Mandal and to file report along with sketches to scale.

3. The defendant No.2 filed an affidavit in support of the application stating that the respondents - plaintiffs filed a false suit claiming that they purchased suit plots in Survey Nos.216 and 173 of Mangalpally Village by showing false boundaries on Western side of A, B and C schedule plots including part of Survey No.217 on the eastern side of 66 feet Zilla Parishad (for short "ZP") road. The entire Survey No.217 admeasuring Ac.10-11 guntas on the west and east side of the said ZP road belonged to his mother, the petitioner No.1. The vendor of the respondents - plaintiffs M/s.Tirumala Housing Society Private Limited had nothing to do with any part of Survey No.217. Survey No.216 which belonged to M/s.Tirumala Housing Society was on the eastern side of Survey No.217. As a part of Survey No.217 was on the eastern side of the road and remaining area was on the western side of the road, the vendor of the plaintiffs, who had no concern of any kind with Survey No.217 were trying to grab the area of Survey No.217, which was on the eastern side of the road. Survey No.216 was on the eastern side of Survey No.217 and in the suit schedule A, B and C plots western boundary was shown as road which was wrong. Tirumala Housing Society by showing wrong boundaries sold the suit plots. The plaintiffs under the guise of sale deeds wanted to occupy the portion of Survey No.217, which was on the eastern side of the road. The vendor of the plaintiffs were illegally claiming that they had purchased Ac.0-15 guntas of land in Survey No.217 from one Peddireddy Bharathi under registered A.G.P.A. document No.5355 of 2003. The said Bharathi had no right over Survey No.217. Her so called vendors were not the pattedars. Her name was never mutated as pattedar. Suppressing the facts, she sold the said extent to the vendor of the plaintiffs and the vendor of the plaintiffs were making attempts to grab part of Survey No.217 and executed illegal sale deeds in favor of plaintiffs by showing wrong boundaries. The western boundary was wrong even as per the village map and tonch plan. There were constant disputes between the petitioners - defendants 1 and 2 and the vendor of the plaintiffs with regard to Survey No.217. Though in the said deeds Survey Nos.216 and 173 had been shown, but the lands of Survey No.217 were shown on the western side. In order to solve the controversy with regard to boundaries of Survey Nos.173, 216 and 217, it was necessary that a Commissioner / Advocate may be appointed to demarcate and fix boundaries of Survey Nos.173, 216 and 217 with the help of village map, tonch plan and report with sketches to the scale. If the Commissioner / Advocate was not appointed, the boundary disputes and controversy would continue and they would be put to great and irreparable loss. 4. The respondents 1 to 3 - plaintiffs filed counter to the said petition submitting that they filed the suit seeking perpetual injunction in respect of suit schedule plots which were situated on the east side of the ZP road. Their ve