Pisati Venkat Reddy v. Mannava Sharath Babu

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.4760 of 2014 ORDER:

Heard the learned counsel for petitioners, and the learned counsel for respondent.

2.

This Civil Revision Petition is filed against the order in I.A.No.294/2014 in O.S. No.358/2008 dated 09.09.2014 on the file of the Court of the learned Principal Junior Civil Judge, Bhongir. 3.

The application was filed by the petitioners/plaintiffs seeking appointment of Advocate Commissioner to demarcate the suit land with the assistance of Mandal Surveyor, Pochampally. The suit was filed for perpetual injunction in respect of an extent of Ac.15.3 guntas situated at Dothigudem of Jiblakpally Village, Pochampally Mandal, Nalgonda District. The application filed by the petitioners was dismissed on the ground that the petitioners failed to indicate the reasons for appointment of Advocate Commissioner. The learned Principal Junior Civil Judge also held that by filing petition the petitioners are trying to collect and gather evidence.

4. Now the learned counsel for petitioners fairly submitted that the evidence in the suit is completed and it is posted now for arguments. In the absence of any basis for filing the present application for appointment of Advocate Commissioner, the impugned order dated 09.09.2014 passed by the learned Principal Junior Civil Judge cannot be held to be bad.

5.

In the result, the Civil Revision Petition is dismissed. It is needless to say that the learned Principal Junior Civil Judge shall

dispose of the suit uninfluenced by the observations made in the impugned order dated 09.09.2014. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Civil Revision Petition shall stand closed.

______________________________ A.RAMALINGESWARA RAO, J Date: 27.02.2015 MVA THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

CIVIL REVISION PETITION No.4760 of 2014 Date: 27.02.2015 MVA