VEDICHERLA ARUNA Vs. GONU SRINIVASULU

JUDGEMENT

(1.) Civil Revision Petition No.284 of 2021 : Aggrieved by the order dated 03.03.2021 in I.A.No.93 of 2021 in O.S.No.221 of 2020 on the file of the Principal Junior Civil Judge, Gudur, Nellore District, dismissing the petition filed under Order 26 Rule 10-B r/w 151 C.P.C for appointment of an Advocate Commissioner to harvest the paddy crop raised in the plaint schedule property, auction the same and deposit the sale proceeds in the suit account, the instant C.R.P. is filed by the petitioners/plaintiffs.

(2.) The plaintiffs filed O.S.No.221 of 2020 against the defendants seeking permanent injunction in respect of plaint schedule property. In I.A.No.492 of 2020 the trial Court granted interim injunction in favour of the plaintiffs. There upon, the plaintiffs filed I.A.No.93 of 2021 with the averments that even after receiving the injunction order, the defendants are trying to interfere with the agricultural operations conducted by the plaintiffs and with much difficulty, the plaintiffs could carry on the agricultural operations and the paddy is now ripe for harvest within twenty days and the defendants are proclaiming in the village that they will harvest the crop raised by the plaintiffs at any cost and if they are permitted to do so, the plaintiffs will be put to much hardship. On these pleas, the plaintiffs prayed for appointment of an Advocate Commissioner to harvest the paddy crop raised by them in the plaint schedule property, auction the same and deposit the sale proceeds in the suit account.

(3.) The defendants filed the counter and opposed the petition. They contended that there is an injunction order in favour of the plaintiffs and they are supposed to be in possession of the plaint schedule land. Hence, in such circumstances, the petition to appoint an Advocate Commissioner to harvest the crop and deposit the sale proceeds, under Order 26 Rule 10-B r/w Section 151 CPC, is not maintainable.