MOHD. TAHER QUERSHI Vs. SYED ABDUL SALEEM PASHA

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is filed aggrieved by the order dated 24-06-2019 passed in IA No.51 of 2019 in OS No.29 of 2019 by the Junior Civil Judge, Tandur, Ranga Reddy District, appointing Advocate Commission to note down the physical features and boundaries of the suit property with the assistance of Mandal Surveyor and issuance of warrant for that purpose; to execute the same within a time frame. The parties hereinafter will be referred to as they are arrayed in the suit.

(2.) Plaintiff is the respondent herein. The revision petitioners are the defendants in the suit. Suit OS No.29 of 2019 was filed for perpetual injunction. In suit, the plaintiff filed an interlocutory application under Order XXXIX, Rules 1 and 2, r/w. Section 151 CPC seeking to grant ad-interim injunction restraining the defendants from interfering with the peaceful possession and enjoyment over the suit property.

(3.) Sri N. Vasudeva Reddy, learned counsel for the petitioners-defendants would submit that without there being any application by either of the parties seeking for appointment of an Advocate Commission, the Court below ought not to have appointed Commission suo motu ex-parte as no such power vested in it. Learned counsel further submits that appointment of Advocate Commission suo motu in an application filed the Order XXXIX, Rules 1 and 2 CPC, at the very initial stage amounts to gathering of evidence, when evidence on both sides is to be otherwise adduced by the parties. Learned counsel also submits that in a suit for bare injunction, appointment of advocate Commission is to be resorted to sparingly, but not routinely and; the plaintiff has to stand or fall on the strength of his own evidence and even otherwise this is not a fit case for appointment of advocate Commission and, therefore, seeks to set aside the impugned order. In support of his contentions, learned counsel placed reliance on decision of this Court in G.PARVATHA REDDY vs. BOYA NAGARJUNA @NAGARJUNA RAO, 2006 (1) ALT 146.