BOSE Vs. MEENA

JUDGEMENT

(1.) This civil revision petition has been filed by the revision petitioner challenging the order, dated 06.09.2016, dismissing the petition filed for appointment of an Advocate Commissioner.

(2.) The 1st respondent / plaintiff has filed the suit in O.S.No.198 of 2008 for partition claiming 1/6th share in the suit properties against the respondents 2 to 6 / defendants 1 to 6, who are the brothers and sister of the 1st respondent / plaintiff and the revision petitioner / 6th defendant who is the subsequent purchaser of a suit 4th item of the property. After completion of the defendants' side evidence, the revision petitioner / 6th defendant has filed I.A.No.1594 of 2015 seeking to appoint an Advocate Commissioner to measure the physical features of the 4th schedule property with the help of a qualified surveyor and Village Administrative Officer and to note down the measurement with the help of existing material factors. The Court below has dismissed the said application. Aggrieved by that order, the revision petitioner / 6th defendant has filed this civil revision petition.

(3.) The learned counsel for the revision petitioner / 6th defendant would submit that he has purchased the suit 4th item of the property by way of a registered sale deed, dated 23.03.2006, from the respondents 2 to 5 / defendants 1 to 4 and he has been in separate possession and enjoyment of the same from the date of purchase. He would further submit that the revision petitioner / 6th defendant has agricultural land and a well on the northern side of the suit 4th item of the property and he has been cultivating the suit 4th item of the property by getting water from the said northern side well through underground pipelines. It is stated by the respondents herein during the cross examination that there is no pipeline available in the suit 4th item of the property and therefore, it is necessary for the revision petitioner / 6th defendant to prove that there is a pipeline connection in the disputed property. Hence, he has filed the said application for appointment of Advocate Commissioner. But, the Court below, without considering the same, has erroneously dismissed the said application and hence, the order impugned in this petition is liable to be set aside. Thus, he prayed to allow this civil revision petition.