Pithani Mani Ratnam vs Injeti Ravi Kumar
2024 Latest Caselaw 4680 AP

Andhra Pradesh High Court - Amravati

Pithani Mani Ratnam vs Injeti Ravi Kumar on 24 June, 2024

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: C.R.P.No.1186 of 2024

                            PROCEEDING SHEET


Sl.     DATE                                 ORDER                                  OFFICE
No.                                                                                  NOTE

2.    24.06.2024   RNT, J

                          By the order under challenge dated
                   26.04.2024, I.A.No.861 of 2018 in O.S.No.148 of
                   2018     filed   by    the    plaintiff      /respondent    in

O.S.No.148 of 2018 before the court of learned Junior Civil Judge, Razole, to appoint an advocate commissioner to localize the plaint schedule property, has been allowed.

2.Learned counsel for the defendants/petitioners submits that the plaintiff has not filed revenue record or any Government record like village map to establish the fact of existence of bodhi. He further submits that the petitioners raised various contentions for opposition of application for issuance of commission and also cited several judgments, a reference of which are mentioned in para-9 of the impugned order. But without considering the same, the order has been passed. He submits that the commission has been allowed only observing in the interest of justice by giving an opportunity to the plaintiff and also observing that

contd....

24.06.2024 Contd.....

no prejudice would be caused to the defendants, which is not the criteria for considering the application or to allow the same. He submits that there is no finding that the local investigation was considered as requisite for the purpose of elucidating the matter in dispute.

3. The matter requires consideration.

4. Issue notice to the respondent.

5. In addition to the normal mode of service, the petitioners are permitted to take out personal notice by Registered Post with Acknowledgement Due and file proof of service by the next date.

6. The respondent may file the counter- affidavit within a period of four weeks.

7. Learned counsel for the petitioners submits that the next date fixed in the trial court is 05.07.2024.

8. The petitioners are granted liberty to file application for adjournment before the learned trial court, on which the trial court may fix a date after the date fixed in the present civil revision petition.

9. List on 22.07.2024.

_____________ RNT, J Pab