THE HON’BLE JUSTICE B.R. MADHUSUDHAN RAO CIVIL REVISION PETITION No.2287 of 2022

ORDER:

1. This Civil Revision Petition is filed under Article 227 of Constitution of India assailing the order dated 08.09.2022 passed in I.A.No.210 of 2022 in O.S.No.26 of 2015 by the learned Principal Junior Civil Judge-cum-

Judicial Magistrate of First Class, Asifabad.

2. Petitioner herein is petitioner No.3 - plaintiff No.3; respondent Nos.3 to 9 herein are the other petitioners- plaintiffs; and respondent Nos.1 and 2 herein are the respondents in I.A.No.210 of 2022.

3.1 Learned counsel for the petitioner submits that the order passed by the learned trial Court suffers from legal infirmities and not in accordance with the procedure. The learned trial Court ought to have seen that appointment of Advocate Commissioner is just and necessary for the fair adjudication of the suit for declaration of title and recovery of possession and failed to see that the respondent No.2-defendant No.2 is claiming his land on the northern side of the suit property but not willing for appointment of Advocate Commissioner to measure the suit land on technical grounds for collecting evidence.

3.2 The learned trial Court ough