Ganapavarapu Kondala Rao v. Ganapavarapu Satyanarayana

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO C.R.P.No.2546 of 2014 O R D E R:

The petitioners herein, who are the defendants in the Suit, filed I.A.No.479 of 2014 in I.A.No.424 of 2010 in O.S.No.586 of 2010, seeking appointment of an Advocate-Commissioner to visit the suit schedule property and note the physical features of the same and also to measure the properties of both parties as per their enjoyment and their title documents.

The sole respondent herein is the plaintiff in the Suit. The Suit is filed seeking a permanent injunction restraining the present petitioners from interfering with the plaint schedule property and from erecting a door in the joint land. I.A.No.424 of 2010 was moved under Order-39 Rules 1 and 2 of the Code of Civil Procedure and that Application was dismissed on 05-11-2011 itself. Therefore, at that stage, the question of appointing an Advocate-Commissioner for noting down the physical features of the suit schedule land would not arise. For this reason, the Interlocutory Application was dismissed. I do not find any infirmity, legal or otherwise, for me to exercise the revisional jurisdiction. The Revision is, therefore, dismissed at the admission stage, but however, without costs.

Consequently, the miscellaneous petitions, if any, shall also stand dismissed.

__________________________ NOOTY RAMAMOHANA RAO, J.

mrk 27.02.2015.