SIVARAJ Vs. A. HUSSAIN BASHA

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the order passed by the Trial Court dismissing the application filed by the petitioner seeking appointment of Advocate Commissioner to inspect the suit property with the help of Surveyor and to note down the stage of construction in the suit property.

(2.) The petitioner herein filed a suit for declaration of title, recovery of possession and also mandatory injunction directing the respondent to demolish illegal construction put up by him over the suit property.

(3.) According to the petitioner, the suit property measuring to an extent of 800 sq.ft., of land (40' x 20') out of 0.40 cents comprised in S.No.38/1B and it is the case of the petitioner that he is the owner of larger extent of the property in S.No.38/1B and portion of the same was encroached by the respondent and he had also put up a construction thereon. Therefore, he was constrained to file a suit for declaration of title, recovery of possession and mandatory injunction.