Pocha Boina Srisailam v. Habeebunnisa Begum

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO CIVIL REVISION PETITION No.4251 of 2015 ORDER:

None appears for the petitioner.

The petitioner herein has preferred I.A.No.66 of 2015 in O.S.No.54 of 2014 seeking appointment of a Commissioner for surveying, localizing and fixing up the boundaries of the suit schedule property. The petitioner is the defendant in the suit. The suit is filed by the respondents herein seeking perpetual injunction against the present petitioner claiming title and possession over the suit schedule property. It is now recorded that the suit itself is coming up for trial. In such circumstances, when the parties were about to lead evidence, question of appointment of a Commissioner for localization and fixing the boundaries of the suit schedule property does not arise and hence, the I.A. is dismissed. The Court below has exercised the discretion vested in it properly and carefully and hence, the said order does not warrant any interference at my hands. Hence, this civil revision petition is dismissed. Consequently, miscellaneous petitions, pending in this petition, shall also stand dismissed. No costs.

_______________________________________ JUSTICE NOOTY RAMAMOHANA RAO 13.11.2015 ska