Thokala Suvarna And 5 Others v. Vempati Buthiramaiah And 2 Others

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Civil Revision Pet it ion No.1 6 8 7 of 2 0 1 9 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is fled by the petitioners/ defendants challenging the order, dated 27.10.2014, passed in I.A.No.142 of 2014 in I.A.No.179 of 2014 in O.S.No.44 of 2013 by the Senior Civil Judge, Mahabubabad, whereby, the subject interlocutory application filed by the petitioners/ defendants under Order XXVI Rule 9 read with Section 151 of CPC for appointment of an Advocate Commissioner to note down the physical features and measurements of the suit 'A' and 'B' schedule properties with the assistance of Government Surveyor and for report, was dismissed.

2 .

Heard the learned counsel for both the sides and perused the record.

3 .

Both the learned counsel have elaborately made their submissions and ultimately conceded that they have no objection, if the disputed property (suit 'A' and 'B" schedule properties) is measured by an Advocate Commissioner by leaving the west side R & B road margin, with the help of Mandal Surveyor.

4 .

Under these circumstances, the Court below is directed to appoint an Advocate Commissioner to measure the disputed property (suit 'A' and 'B' schedule properties) by leaving the

west side R & B road margin, with the help of Mandal Surveyor. The petitioners/ defendants shall meet the Advocate Commissioner's fee as determined by the Court below and all other consequential expenses.

5 .

With the above direction, this Civil Revision Petition is disposed of.

Miscellaneous petitions, if any, pending in this CRP, shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J 26th February, 2020 Bvv