Veeraballi Narayana Reddy v. S.Shamsheer Saheb

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR CI VI L REVI SI ON PETI TI ON No.1 2 9 0 of 2 0 1 7 ORDER:

Heard.

2.

The present civil revision petition is filed aggrieved by the judgment dated 18.01.2017 passed in I.A.No.194 of 2016 in O.S.No.39 of 2013, on the file of XI Additional District Judge at Piler, wherein the request of the petitioner for appointment of an Advocate Commissioner was dismissed.

3.

A reading of the impugned order would show that the said request came to be rejected at the time when the evidence of plaintiff was over. It is now represented by the learned counsel for the petitioner that as on today even the evidence of the defendant is complete. It is also represented that there is no further progress in the case thereafter.

4.

If the case is still at the said stage and as the entire evidence is available before the Court, the Civil Revision Petition is disposed of giving liberty to the petitioner to make a fresh application for appointment of Advocate Commissioner within a period of two or three weeks from today, in which event, the trial Court shall consider the same afresh, as to whether appointment of an Advocate Commissioner is now necessary, basing on the evidence available on record. It is needless to mention that the Court below shall hear

both the petitioner as well as the defendants before passing any order in the matter. No costs.

As a sequel thereto, Miscellaneous Petitions, if any, pending, shall stand closed.

__________________________ JUSTI CE C. PRAVEEN KUMAR 28.04.2017 vhb