Bheemaraju Venkata Radha And ... vs Pedeti Gopaiah And 7 Others
2022 Latest Caselaw 2867 Tel

    THE HON'BLE SMT. JUSTICE P. SREE SUDHA

     CIVIL REVISION PETITION No.2515 of 2019

JUDGMENT :

Heard the learned counsel for the petitioners. Inspite of

service of notice, there is no representation on behalf of

respondents.

2. This Civil Revision Petition is filed against the

order of the trial Court in I.A.No.1671 of 2019 in O.S.No.106

of 2013.

3. The petitioners herein filed an application before

the trial Court for appointment of Advocate Commissioner to

note down the physical features of the suit schedule property.

In the counter filed by the respondent, they took an objection

that when the Advocate Commissioner is appointed for the

purpose of noting down physical features and for fixing the

boundaries, it amounts to granting of pre-trial decree. The

trial Court also observed that amendment of plaint is not a

reason for appointment of Advocate Commissioner and as

such dismissed the application.

4. Learned counsel for the petitioners submits that a

road is shown on the western side of the subject property

which is disputed by the other side. Therefore, an

application is filed for appointment of Advocate

Commissioner to note down the physical features in order to

ascertain on which side, the road actually falls.

5. Considering the arguments of the learned counsel

for the petitioners, this Court finds just and reasonable to

appoint Advocate Commissioner to note down the physical

features of the suit schedule property. The trial Court has

not properly appreciated the facts. Therefore, the order of the

trial Court in I.A.No.1671 of 2019 in O.S.No106 of 2013 is set

aside.

6. Accordingly, this Civil Revision Petition is allowed.

Miscellaneous petitions, if any, pending in this criminal

petition, shall stand closed.

_____________________ P. SREE SUDHA, J.

Date: 16.06.2022 dv