Para Seethaiah, Nalgonda Dist v. Kodumuri Rambayamma, Nalgonda Dist And 4 Others

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI CIVIL REVISION PETITION No.4883 of 2017 ORDER:

This civil revision petition, under Article 227 of the Constitution of India, is filed by the unsuccessful plaintiff assailing the docket order, dated 21.08.2017, of the learned Principal Junior Civil Judge, At Kodad, passed in I.A.No.239 of 2017 in O.S.No.107 of 2009, whereby the trial Court appointed an Advocate Commissioner for the purpose desired by the defendants.

2.

I have heard the submissions of Sri P.Kiran, learned counsel for the revision petitioner/plaintiff ('the plaintiff', for brevity) and of Sri V.Raghu, learned counsel for the respondents/defendants ('the defendants', for brevity). I have perused the material record. 3.

At the hearing, learned counsel for the revision petitioner/plaintiff submits that the plaintiff has already filed objections to the Commissioner's report since the Commissioner has already executed the warrant and filed the report. 4.

Learned counsel for the respondents/defendants would submit that an interlocutory application is filed for summoning the Advocate Commissioner as a witness and that application is posted to 27.12.2017 for orders by the trial Court.

5.

In the circumstances, learned counsel for the revision petitioner/plaintiff would submit that if the trial Court considers the objections filed by the plaintiff to the Commissioner's report and grants an opportunity to the plaintiff to cross-examine the Commissioner on the lines of the objections filed by the plaintiff, the plaintiff's grievance would be redressed.

MSRM, J C.R.P.No.4883 of 2017 6.

On the above analysis, this Court is of the considered view that this revision petition can be disposed of with appropriate directions while confirming the order impugned.

7.

Accordingly, while confirming the order impugned, the Civil Revision Petition is disposed of directing the trial Court to consider the objections filed by the plaintiff to the Commissioner's report in an appropriate manner to the extent relevant. It is also made clear that in the event the Commissioner is examined as a witness, the trial Court shall permit the learned counsel for the plaintiff to crossexamine the Commissioner in line with the objections filed to the Commissioner's report.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.

There shall be no order as to costs.

____________________________________ JUSTICE M. SEETHARAMA MURTI Date: 22nd December, 2017 KL

MSRM, J C.R.P.No.4883 of 2017 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI CIVIL REVISION PETITION No.4883 of 2017 Date: 22nd December, 2017 KL