Andhra Pradesh High Court - Amravati

Arithoti Sivaiah vs Kolluri Chenchuramaiah on 1 July, 2024

APHC010575212018
                   IN THE HIGH COURT OF ANDHRA
                               PRADESH
                                                       [3460]
                            AT AMARAVATI
                     (Special Original Jurisdiction)

               MONDAY ,THE FIRST DAY OF JULY
              TWO THOUSAND AND TWENTY FOUR
                              PRESENT
     THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
             CIVIL REVISION PETITION NO: 4475/2018
Between:
Arithoti Sivaiah and Others                  ...PETITIONER(S)
                               AND
Kolluri Chenchuramaiah and Others          ...RESPONDENT(S)
Counsel for the Petitioner(S):
   1. KOTI REDDY IDAMAKANTI
Counsel for the Respondent(S):
   1. NIMMAGADDA REVATHI
The Court made the following:
                                      2




        THE HON'BLE SRI JUSTICE NYAPATHY VIJAY


                      C.R.P.No.4475 of 2018
JUDGMENT:

The present revision is filed questioning the order dated 21.06.2018 in I.A.No.509 of 2018 in O.S.No.172 of 2012 passed by the Principal Junior Civil Judge, Kanduku, Prakasam District.

2. Petitioners are defendant Nos.1, 5, 6 and 10 in the suit and the suit was filed seeking permanent injunction. In the suit, they also filed I.A.No.509 of 2018 for appointment of an Advocate Commissioner to locate the suit schedule property with the assistance of Mandal Surveyor, Kondepi Mandal and to note down the existing physical features of the same and report into the Court. The said application was opposed by the respondents/plaintiffs. The trial Court vide order dated 21.06.2018 dismissed the said application. Hence, the civil revision petition.

3. Heard Sri I.Koti Reddy, learned counsel for the petitioners and Smt. Nimmagadda Revathi, learned counsel for the respondents.

4. Learned counsel for the respondents submits that though initially respondents/plaintiffs opposed the application, subsequently upon legal advice, they have also filed a similar

application for appointment of an Advocate Commissioner before the trial Court and the same is pending.

5. In view of the fact that both the contesting parties to the suit seeking appointment of Advocate Commissioner, the order of the trial Court is set aside and the civil revision petition is allowed. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed.

__________________ NYAPATHY VIJAY, J Date: 01.07.2024 KLP