M. Prasad v. Sri Adityanath Dasu
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Original Jurisdiction) WEDNESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND FIFTEEN //PRESENT// THE HON`BLE SRI JUSTICE: M.S.RAMACHANDRA RAO CA. NO. 170 OF 2015 IN CC. NO. 17 of 2015 Between:
Guntuka Srinivas S/o Chinna Gangaram, Occ: Agriculture, R/o. H. No. 2-4-107, Vinoba Road, Korutla Town and Mandal, Karimnagar District, Telangana State. Petitioner/Petitioner/Petitioner AND Smt. Vani Reddy, the Commissioner, Korutla Municipality, Korutla Town and Mandal, Karimnagar District, Telangana State. Respondent/Respondent/Respondent No.1 WHEREAS the Petitioner has presented under Order 26 rule 1 R/w. Section 151 of C.P.C., the above case through his counsel Sri S.Kondapalli, praying the High Court to appoint an advocate Commissioner to mark out the physical feature of the subject property particularly with regard to the measurements whether the petitioner left over the 100 ft. totally for both sides from the Centre Point of Road No. N.
H-63 and for what extent the petitioner made encroachments as alleged by the respondents and it's truth, pending disposal of C.C. No. 17 of 2015 on the file of the High Court; WHEREAS the said case coming on for hearing on this day and whereas the High Court upon perusing the case and the affidavit filed herein and the order of the High Court dated: 23-01-2015 & 11-09-2015 made herein and upon hearing the arguments of Sri S. Kondapalli, Advocate for the petitioner and Sri N.
"This application is filed by the petitioner in the Contempt Case seeking appointment of an Advocate-Commissioner to mark out the physical features of the subject property particularly with regard to the measurements and to note whether the structures of the petitioner are at a distance of 100 feet from the center point of N.H.No.63, which is adjacent to the structure of the petitioner and also to note down the encroachment if any made by the petitioner on the said road.
This application is not opposed by the respondent. Sri Thoom Srinivas, Advocate, R/o Flat No.501, Plot Nos.203, 204 & 205, Rock town Colony, LB.Nagar, Hyderabad is appointed as Commissioner to visit the site where the structure of the petitioner exists and note down the above facts and in addition file photographs of the structure and the basement therein.
The Commissioner shall be paid a sum of Rs.7,000/-(Rupees Seven thousand) as fee, equally by both the parties, and the arrangements for his travel and stay shall be made by the petitioner. Report of the Advocate-Commissioner shall be filed by 30.10.2015. Accordingly, this application is ordered.
DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To
1. Smt. Vani Reddy, the Commissioner, Korutla Municipality, Korutla Town and Mandal, Karimnagar District, Telangana State. (BY RPAD with a copy of petition and affidavit))
2. Sri Thoom Srinivas, Advocate, R/o. Flat No. 501, Plot Nos. 203, 204 & 205, Rock Town Colony, L.B. Nagar, Hyderabad (BY SPECIAL MESSENGER with a copy of petition and all the material papers)
3. One CC to Sri S. Praveen Kumar, Advocate (OPUC)
4. One CC to Sri S. Kondapalli, Advocate (OPUC)
5. One Spare Copy Ksv HIGH COURT Ksv Date of drafting: 19-10-2015 MSRJ DATE: 14-10-2015 NOTE: POST ON 30-10-2015
ORDER
C.A. NO. 170 OF 2015 IN CC. NO. 17 OF 2015
DIRECTION