BATCHU NARAYANA RAO Vs. BATCHU VENKATA NARASIMHA RAO

JUDGEMENT

(1.) The respondent filed O.S. No. 224 of 2001 against the petitioner in the Court of the Principal Junior Civil Judge, Avanigadda for the relief of declaration of title and recovery of possession of Ac. 1-41 cents in R.S. No. 531/1 of Modumudi Village. About six years thereafter, he filed I.A. No. 384 of 2007 under Order 26 Rule 9 C.P.C. with a prayer to appoint a Commissioner - (a) to identify the suit schedule property, (b) to fix the boundaries thereof with reference to FMB with the assistance of the Mandal Surveyor, Avanigadda, (c) to measure the land in his possession in R.S. No. 532/1 of that village and (d) to measure the remaining land in possession of one Katikala Srinivasa Rao of that village.

(2.) It appears that the application was ordered on 02.08.2007. The petitioner states that the Commissioner, in pursuance of the said order, conducted the survey without issuing proper notice. He filed I.A. No. 1194 of 2007 with a prayer to appoint another Advocate-Commissioner. The I.A. was dismissed on 26.02.2008.

(3.) The petitioner filed I.A. No. 269 of 2008 almost with similar prayer. By making reference to its earlier order in I.A. No. 1194 of 2007, the trial Court dismissed I.A. No. 269 of 2008 through its order, dated 09.06.2008. Hence, this Revision.