B. Raja Mallaiah v. P. Seetharamaiah

HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.4369 of 2015 ORDER :

This civil revision petition is filed under Article 227 of the Constitution of India, by the plaintiff in the suit in O.S.No.1223 of 2013, aggrieved by the order, dated 08.05.2015, passed by the XIXJunior Civil Judge, City Civil Court, Hyderabad, in I.A.No.428 of 2014 in the said suit.

O.S.No.1223 of 2013 is filed for injunction simplicitor. The present application in I.A.No.428 of 2014 is filed for appointment of Advocate-Commissioner to note down the physical features of car parking area. The said petition is dismissed by impugned order. Although it is contended by the learned counsel for petitioner that the appointment of Advocate-Commissioner is sought for identifying the car parking area, in effect, it would be to ascertain the possession only, which would amount to gathering evidence. In that view of the matter, I do not find any ground to interfere with the impugned order.

Revision is accordingly dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. ______________________ R. SUBHASH REDDY, J 9th October 2015 ajr