THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL REVISION PETITION No. 1351 of 2020
ORDER:
Petitioner filed O.S.No.242 of 2013 against respondents for perpetual injunction with respect to house plot admeasuring 291 sq.yards covered by Survey No.23 situated at Teegalpahad Village, R/m Mancherial, and for declaration of title and recovery of possession to an extent of 16 sq.yards by dismantling the temporary structure illegally raised in it by respondent No.3. The said suit was dismissed. Challenging the said judgment, he filed A.S.No.199 of 2017 in the Court of II Additional District and Sessions Judge (FTC), Adilabad at Mancherial. In the said appeal, he filed I.A.No.327 of 2018 seeking to appoint Advocate Commissioner to note down the physical features of entire land in Survey No.23. The lower appellate Court dismissed the said I.A. vide order dated 06.10.2020. Hence, this Civil Revision Petition.
Learned counsel for the petitioner would contend that the lower appellate Court erred in holding that the said I.A. cannot be filed at the appellate stage and that appointment of an Advocate Commissioner with the direction to note down the physical features of the entire land in Survey No.23 would help in resolution of the dispute.
CKR, J 2 C.R.P.No.1351 of 2020 Learned counsel for the respondents opposes this Civil Revision Petition.
It is to be noted that the petitioner filed aforesaid suit claiming right over the property, more particularly, with respect to the property admeasuring 16 sq.yards alleged to be illegally occupied by respondent No.3 and for recovery of possession of the same. A reading of the copy of the plaint discloses that an elaborate pleading has been made as to how and in what manner, the petitioner came to acquire the property. It is not the case of either of the parties that there are temporary structures existing on the land admeasuring 16 sq.yards, but, the main allegation is with respect to the respondents/defendants occupying 16 sq.yards of land illegally. As the petitioner prayed for the relief of declaration of title and recovery of possession with respect to the property admeasuring 16 sq.yards and for permanent injunction with respect to the house plot admeasuring 291 sq.yards covered by Survey No.23 situated at Teegalpahad Village, R/m Mancherial, the appointment of Advocate Commissioner would no way help him nor help in resolving the dispute, as, it is for the petitioner/plaintiff to establish his title with respect to the property admeasuring 16 sq.yards basing on the specific pleadings and the evidence adduced. As the title is in dispute, the appointment of Advocate Commissioner would not in any CKR, J 3 C.R.P.No.1351 of 2020 manner help in resolving the dispute, more particularly, when there is no denial with regard to the structures as alleged by the petitioner.
In those circumstances, this Court does not find any merit in this Civil Revision Petition.
Accordingly, this Civil Revision Petition is dismissed. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
_________________________ CHALLA KODANDA RAM, J 7th JUNE, 2021.
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