Abdul Ali v. Famed Ali

HON'BLE SRI JUSTICE R.SUBHASH REDDY C.R.P.No.3306 of 2015 ORDER :

This civil revision petition is filed under Article 227 of the Constitution of India by the defendant in O.S.No.1663 of 2013 aggrieved by the order dated 15.07.2015 in I.A.No.241 of 2015 passed by the VIII Junior Civil Judge, City Civil Court, Hyderabad dismissing the application filed to appoint Advocate Commissioner to note down the physical features of the suit schedule property. O.S.No.1663 of 2013 is filed by the respondent for injunction simplicitor and I.A.No.241 of 2015 is filed to appoint an advocate commissioner to note down the physical features of the suit schedule property. As the only issue involved for consideration in the suit is as to who is in possession of the suit schedule property from the date of filing of the suit, such finding can be recorded only after adducing evidence, but no commission is necessary, as rightly recorded by the trial Court, for adjudicating the issue involved in the suit.

In view of the reasons assigned by the Court below, I do not find any ground to interfere with the impugned order, in this revision petition filed under Article 227 of the Constitution.

Revision petition is accordingly dismissed.

As a sequel, miscellaneous petitions pending, if any,

shall stand closed. No order as to costs.

____________________________ JUSTICE R. SUBHASH REDDY 28.08.2015 kvrm HON'BLE SRI JUSTICE R.SUBHASH REDDY

C.R.P.No.3306 of 2015 DATED: 28.08.2015