Bejanki Narsimha Chary vs Kotte Devaiah And 4 Others
2021 Latest Caselaw 1572 Tel

  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

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

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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