M. Venkata Ranga Rao v. K. Sanjeev Reddy

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO CIVIL REVISION PETITION NO. 2946 OF 2015 ORDER:

The plaintiff in the suit is the petitioner in this revision, which is directed against the order passed on 08.04.2015 in I.A.No.576 of 2013 by the I Additional Junior Civil Judge, Ranga Reddy. I.A.No.576 of 2013 is taken out around 15.04.2013 praying the Court to appoint an Advocate Commissioner to localize the suit plots bearing Nos.70,71,80,81 each admeasuring 248 sq.yards. The learned Judge during the course of the order has pointed out earlier the plaintiffpetitioner has filed I.A.No.1361 of 2012 and the said application was dismissed inter-alia observing that there is no use of localizing the property based upon the survey numbers and hence when this very issue has been raised and it was decided in I.A.No.1361 of 2012 and hence, there is no point in reviving the same relief by slightly changing the form. Therefore, the Court below has dismissed the Interlocutory Application No.576 of 2013.

Heard Sri Pratap, learned counsel for the petitioner and Sri Venugopal, learned counsel for the respondents. It is now brought to my notice that the plaintiff has already examined himself as P.W.1 and cross-examination of the said witness was also over and now the suit is posted for the evidence of the defendant in the suit. At this stage, question of appointing an Advocate Commissioner to localize the suit schedule property would not arise, for, that would amount to filling up the gaps in the evidence. Hence, I do not find any justifiable reason to entertain this civil revision petition and it is accordingly dismissed.

Consequently, miscellaneous applications pending if any shall also stand dismissed. No costs.

_______________________________________ JUSTICE NOOTY RAMAMOHANA RAO 04.09.2015 sp