Nagasani Balaiah (Died Per Lrs) v. Suresh Kumar

HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY CIVIL REVISION PETITION No.3610 of 2017 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed questioning the Order Dt.06.06.2017 in I.A.No.892 of 2016 in O.S.No.204 of 2007 passed by the Principal Junior Civil Judge, Sangareddy, appointing an Advocate Commissioner to conduct survey and to identify the schedule property with reference to boundaries mentioned in the schedule annexed to the plaint. Learned counsel for the respondent represented that the Warrant was not executed by the Sri Mohd Adil despite directions issued by the Court and having no other option except to recall the warrant, the Court, by Order dt. 21.09.2013, recalled the Warrant and posted the matter for continuation of trial. In view of recalling the Warrant by the trial Court, no further adjudication is necessary in this case and hence, this Petition is liable to be dismissed as it became infructuous. Accordingly, this Civil Revision Petition is dismissed. However, liberty is given to the petitioners to approach this Court by filing appropriate application, if the Order Dt.06.06.2017 is revived by the trial Court.

The Miscellaneous Petitions, if any, pending in this case shall stand closed.

________________________________________ M. SATYANARAYANA MURTHY, J October 06, 2017 eha

HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY CIVIL REVISION PETITION No.3610 of 2017 October 06, 2017 eha