Sri Ramesh Kumar Kabde v. Smt. Kalyani

HONOURABLE MS JUSTICE J.UMA DEVI CIVIL REVISION PETITION No.7348 of 2017 ORDER:

Since counsels on record have given consent for disposal of main revision, the same is taken up for disposal. Heard both sides.

The counsel for the respondent states that he has nothing to say except how the petitioners might have taken steps for representation of the application as it was not rejected. It appears that the application filed before the court below for re-entrustment of warrant to Sri B.Mohan Kumar, advocate commissioner who was appointed earlier in I.A.No.362 of 2013 was returned questioning its maintainability and after return of the said application on 20-11-2017, it was not represented satisfying the court below as to its maintainability. Since the counsel for the respondent reported no objection for re-entrustment of warrant to the commissioner for demarcation of the suit schedule property for fixing the boundaries etc., which is helpful for adjudication of the main case, this Court feels that it is appropriate to direct the petitioners to represent the application filed vide C.F.R.No.1542 dated 16-11-2017 and seek for the relief of re-entrustment of warrant to the counsel appointed earlier in I.A.No.362 of 2013 who appeared to have returned the warrant mentioning certain reasons.

JUD,J CRP_7348 of 2017 In view of the aforementioned order, the petitioners shall take steps for representation of the application in C.F.R.No.1542 of 2017 dated 16-11-2017 immediately preferably within one week from today. Till such time, the court below is not supposed to pass any adverse order including disposal of the suit, if not already pronounced.

Office is directed to return the application filed vide C.F.R.No.1542 of 2017 dated 16-11-2017 to the revision petitioners enabling them to file it before the court below. Accordingly, the Civil Revision Petition is disposed of. As a sequel, miscellaneous applications pending if any, shall stand closed. No costs.

_________________ JUSTICE J.UMA DEVI Dated 2-2-2018.

Dvs Note: Issue CC today.

BO Dvs

JUD,J CRP_7348 of 2017 HONOURABLE MS JUSTICE J.UMA DEVI CIVIL REVISION PETITION No.7348 of 2017 Dated 2-2-2018