THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
CIVIL REVISION PETITION NO.2202 OF 2023
ORDER
This Civil Revision Petition (CRP) is filed against the order of the I Additional District Judge, Mancherial in I.A.No.66 of 2022 in A.S.No.13 of 2018 dt.11.11.2022.
2. The suit in O.S.No.70 of 2015 on the file of Principal Junior Civil Judge at Mancherial was filed by the petitioner herein for specific performance of an agreement of sale and against the judgment and decree passed therein, the petitioner herein filed A.S.No.13 of 2018. He has also filed I.A.No.66 of 2022 in the said Appeal for appointment of an Advocate Commissioner. It is submitted that the said I.A. was dismissed by the lower Court by observing that the same will be considered along with the main Appeal and the matter will be disposed of simultaneously. Aggrieved by the said observation, the present CRP is filed.
3. It is stated by the learned counsel for the petitioner that respondent No.2 is not a necessary party and therefore, notice was not C.R.P.No.2202 of 2023 2 issued to him and personal notice was permitted to respondent No.1. The notice issued to respondent No.1 was, however, returned unserved with the postal endorsement "the addressee refused to receive the same". In view of the same, the notice is deemed as served.
4. The learned counsel for the petitioner reiterated the submissions made in the affidavit filed along with I.A.No.66 of 2022 in A.S.No.13 of 2018 for appointment of an Advocate Commissioner and submitted that the lower Court ought to have decided the I.A. and thereafter, proceeded with the main appeal. In support of his contentions, he placed reliance upon a decision of this Court in C.R.P.No.847 of 2022 dt.18.04.2023.
5. Having regard to the above submissions and also having gone through the order of the lower Court, this Court is of the opinion that the observation of the lower Court for not deciding I.A.No.66 of 2022 that it will be decided along with the main appeal is erroneous and is not substantiated by any rule position. The I.A. is for appointment of an Advocate Commissioner to note down the boundaries of the suit schedule property and therefore, it is not necessary that it has to be dealt with only when the main appeal is decided.
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6. In view of the same, the order dt.11.11.2022 in I.A.No.66 of 2022 in A.S.No.13 of 2018 on the file of the I Additional District Judge, Mancherial is set aside and the lower Court is directed to dispose of I.A.No.66 of 2022 after issuance of notice to all the concerned. It is made clear that the lower Court shall dispose of I.A.No.66 of 2022 first and thereafter proceed to the main appeal.
7. The Civil Revision Petition is accordingly allowed. No order as to costs.
8. Pending miscellaneous petitions, if any, in this CRP shall stand closed.
___________________________ JUSTICE P. MADHAVI DEVI Date: 01.09.2023 Svv