Smt. Narendruni Udayamma vs Narendruni Dheeraj Kumar
2022 Latest Caselaw 3981 Tel

              HONOURABLE SRI JUSTICE K.SURENDER

               Civil Revision Petition No.890 of 2022

ORDER:

1. This Civil Revision Petition is filed against the order

dt.28.10.2021 passed in IA.No.589 of 2017 in OS.No.6 of 2011

filed by the respondents herein who are plaintiffs for

appointment of Advocate Commissioner to divide the suit

schedule properties as per the preliminary decree, wherein and

whereby the trial Court allowed the said IA and appointed

Advocate Commissioner to demarcate and divide the suit A

schedule property according to the Judgment and Decree

passed in OS.No.6/2011, dt.31.07.2014.

2. Learned Counsel for the revision petitioners/defendants

submits that the commission has been executed and a report is

already filed, however, the said report is without adhering to the

objections that were raised during the course of execution of

commission.

3. Since the present revision is filed against appointment of

advocate commissioner, the irregularities or any procedures

that were not followed during the course of execution of the

commission, would not entail setting aside the order passed for

appointment of the said Advocate Commissioner. It is for the

parties to go before the concerned Court objecting the

Commissioner's report and avail such remedies before the

concerned Court.

4. It is stated by both the parties that the case was listed

before the trial court on 28.07.2022, and the revision

petitioners have also brought to the notice of the Court the

objections with regard to the Commissioner's report.

5. In the said circumstances, it is needless to say any orders

to be passed by the trial Court shall be after considering the

objections raised by both the parties with regard to

Commissioner's report.

5. Accordingly, the Civil Revision Petition is dismissed. No

order as to costs.

As a sequel thereto, miscellaneous petitions, if any,

pending shall stand closed.

__________________ K.SURENDER, J Date: 29.7.2022 Note: Issue CC by 30.07.2022.

B/o.tk

HONOURABLE SRI JUSTICE K.SURENDER

Civil Revision Petition No.890 OF 2022

Date:29.07.2022

tk