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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

CIVIL REVISION PETITION No.6106 OF 2018

Date: 31.12.2025

Between:

Somisetty Lakshmi Narasimha Rao

…Petitioner

AND

Dadabathula Venkata Krishna and Other

…Respondents

ORDER:

This Civil Revision Petition is filed under Article 227 of the

Constitution of India, challenging the docket order dated 16.08.2018

passed by the learned Senior Civil Judge, Sathupally, Khammam District,

in I.A.No.338 of 2018 in I.A.No.672 of 2015 in O.S.No.121 of 2014,

whereby the learned trial Judge directed the Advocate Commissioner,

who was earlier appointed in I.A.No.672 of 2015, to ascertain the warrant

schedule land as per the report filed by the Mandal Surveyor,

Aswaraopeta, and to submit a report.

2. Heard Sri V. Aditya, learned counsel representing Sri M.M.M.

Srinivas Rao, learned counsel on record for the petitioner, and Smt. K.

Hima Bindu, learned counsel representing Sri T. Bala Mohan Reddy,

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learned counsel on record for the respondents. It is submitted that earlier

the petitioner/plaintiff filed I.A.No.672 of 2015 in O.S.No.121 of 2014

before the learned Senior Civil Judge, Sathupally, seeking appointment of

an Advocate Commissioner. The said application was allowed and an

Advocate Commissioner was appointed to ascertain the correct sub-

division within the suit warrant schedule property. The Advocate

Commissioner thereafter submitted an interim report. Basing on the said

interim report, the learned Senior Civil Judge, Sathupally, by docket

order dated 22.11.2017 passed in I.A.No.672 of 2015 in O.S.No.121 of

2014, directed the Mandal Surveyor, Aswaraopeta, to subdivide the

property and file a report and also granted police assistance to the

Advocate Commissioner through Police Station, Aswaraopeta.

3. Aggrieved by the said docket order dated 22.11.2017 passed

by the learned Senior Civil Judge, Sathupally, in I.A.No.672 of 2015 in

O.S.No.121 of 2014, the revision petitioner approached this Court by

filing C.R.P.No.6906 of 2017 under Article 227 of the Constitution of

India. This Court, by order dated 23.03.2018, allowed the Civil Revision

Petition and set aside the said order dated 22.11.2017. The relevant

portion of the said order reads as under:

“When the impugned order was not challenged before this Court,

the appointment of Advocate Commissioner for specific purpose

mentioned in the impugned order cannot be disturbed and the present

revision is filed challenging the impugned order dated 22.11.2017 where

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the Court below directed the Mandal Surveyor to subdivide the property

and file report with the police assistance provided to the commissioner. In

fact, no application was filed for the relief of subdivision of the property

and police assistance to the commissioner to subdivide the property. The

direction issued by the Court below on 22.11.2017 is beyond the scope

of the trial of suit for injunction by the Court below in a suit for perpetual

injunction and that too issuing such direction without any application or

request made by learned counsel for the petitioner, the impugned order

is apparently erroneous and the same is hereby set aside holding theat

the same is perverse.

In the result, the civil revision petition is allowed setting aside the

order dated 22.11.2017 in I.A.No.672 of 2015 in O.S.No.121 of 2014

passed by the Senior Civil Judge, Sathupally. There shall be nor order as

to costs.”

4. Learned counsel for the revision petitioner herein submits

that once the order dated 22.11.2017 passed by the learned Senior Civil

Judge, Sathupally, in I.A.No.672 of 2015 in O.S.No.121 of 2014, directing

the Mandal Surveyor to subdivide the property and granting police

assistance to the Advocate Commissioner, was set aside by this Court by

order dated 23.03.2018 in C.R.P.No.6906 of 2017, holding that such

directions are beyond the scope of trial of a suit for perpetual injunction

and were issued without any application or request, the said relief cannot

be indirectly revived or