J P SUBBAMMA Vs. N RAVI KUMAR REDDY

JUDGEMENT

(1.) This Civil Revision Petition is against the order of the Principal Junior Civil Judge, Anantapur allowing I.A.No. 941 of 2000 - filed under Order 26 Rule 9 CPC - in O.S.No.291 of 2000.

(2.) That suit was filed by the petitioner- plaintiff for permanent injunction restraining the respondent-defendants from interfering with her possession of the suit schedule property. It appears that a temporary injunction was granted, pending the suit, restraining the respondents-defendants from interfering with the possession of the petitioner-plaintiff of the suit schedule property. In that suit, the respondent- defendants filed an application - I.A.No. 941 of 2000 under Order 26 Rule 9 CPC seeking appointment of a Commissioner - to note the physical features of the suit schedule property, take photographs of the same and to submit his report - alleging that taking advantage of the interim orders, the petitioner-plaintiff had encroached into their site and making constructions thereon. That application was resisted by the petitioner- plaintiff by filing a counter, wherein it was contended, inter alia, that it was premature to appoint a Commissioner as the respondent-defendants did not file counter in the injunction petition or written statement in the main suit.

(3.) Considering the rival contentions, the learned Principal Junior Civil Judge thought it fit to appoint an Advocate-Commissioner to visit the suit schedule property, to note down the physical features, to take the photographs of the same and to submit his report.