THE HONOURABLE SMT. JUSTICE M.G.PRIYADARSINI Civil Revision Petition Nos.1111 and 1112 OF 2020

COMMON ORDER:

Aggrieved by the common order dated 23.03.2020 (hereinafter will be referred as ‘impugned order’) in C.M.A.Nos.52 and 53 of 2019 on the file of learned II Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, the plaintiff in O.S.No.125 of 2019 and defendant No.3 in O.S.No.74 of 2019 filed the present Civil Revision Petitions to set aside the impugned order.

2. For the sake of convenience, hereinafter, the parties will be referred as per their array before the learned II Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar. 3. Since both the Civil Revision Petitions are arising out of common order and since the subject matter in both the cases is one and the same, this Court is inclined to pass common order in both the Civil Revision Petitions.

4. The brief facts of the case as can be seen from the record available before this Court are that one G. Surender Reddy filed O.S.No.125 of 2019 on the file of learned I Additional Junior Civil Judge, Ranga Reddy District at L.B.Nagar against defendant Nos.1 and 2 (Metta Chandrasekhara Rao and Metta Lakshmi) for perpetual injunction in respect of plot No.25/A admeasuring 361 square yards in sy.No.9/1/F situated at Ward No.1, Block No.13, Alkapuri Colony, Saroornagar Village and Mandal. Along with the suit the plaintiff has filed I.A.No.151 of 2019 seeking ad interim injunction under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, wherein the Court was pleased to grant interim orders on 15.02.2019. Thereafter, the said petition was allowed on merits 06.06.2019 making the interim orders passed on 15.02.2019 as absolute till disposal of the main suit. Aggrieved by the same, the defendants in O.S.No.125 of 2019 have preferred CMA No.53 of 2019 on the file of learned II Additional District Court, Ranga Reddy District at L.B.Nagagar. The defendant No.2 in O.S.No.125 of 2019 filed O.S.No.74 of 2019 on the file of learned I Additional Junior Civil Judge, Ranga Reddy District at L.B.Nagar against defendant Nos.1 to 3 (G. Raghuram Reddy, Narayan Singh and Surender Reddy (plaintiff in O.S.No.125 of 2019) seeking permanent injunction in respect of open plot bearing No.41 admeasuring 552 square years in Sy.No.9/1/H situated at Haripuri Colony, Saroornagar Village and Revenue Mandal. Along with the suit, the plaintiff has filed I.A.No.87 of 2019 seeking ad interim temporary injunction, wherein interim orders were granted on 01.02.2019. Accordingly, the said petition was dismissed on merits 06.06.2019 vacating the interim orders passed on 01.02.2019. Aggrieved by the same, the plaintiff preferred CMA No.52 of 2019 on the file of learned II Additional District Court, Ranga Reddy District at L.B.Nagagar. After hearing both the sides, the learned II Additional District Court, Ranga Reddy District at L.B.Nagagar passed the impugned common order on 23.03.2020, wherein Sri Mantri Ravinder Rao was appointed as Advocate Commissioner to localize the properties in question with the help of Mandal Surveyor after giving notice to both sides and by receiving work memos, if any, furnished by them and also shall specifically mention whether they are two different properties or a single property and in which survey number it is situated by drawing a sketch to not down the physical features and also to measure the plots to the scale to arrive at the exact extent. Aggrieved by the same the plaintiff in O.S.No.125 of 2019 and defendant No.3 in O.S.No.74 of 2019 filed the present Civil Revision Petitions to set aside the impugned order.

5. Heard both sides and perused the record including the grounds of revision.

6. The first and foremost contention of the learned counsel for the revision petitioner is that the boundary dispute in respect of land in Sy.No.9/1/F situated in Alkapuri Colony of Saroornagar comes under GHMC was already localized an