SATTI SUBRAHMANYAM Vs. GOLUGURI RAMAKRISHNA REDDY

JUDGEMENT

(1.) The petitioner filed O.S.No.168 of 1997 in the Court of Principal Junior Civil Judge, Tadepalligudem, against the respondents for the relief of injunction in relation to the water use of an irrigation channel. The suit was dismissed on 07.11.2002 after contest. A.S.No.35 of 2004 filed against the decree therein is pending in the Court of Senior Civil Judge, Tadepalligudem.

(2.) The petitioner filed O.S.No.334 of 2007 for the relief of declaration of title and recovery of possession of the irrigation channel, which incidentally was the subject matter of O.S.No.168 of 1997. In that suit, he filed I.A.No.2300 of 2011 with a prayer to appoint an Advocate-Commissioner, so that he can cause survey of the schedule channel with the help of surveyor and submit a report. The application was opposed by the respondents, on several grounds, including the one that similar exercise was undertaken in the earlier suit. The trial Court dismissed the I.A. through order, dated 27.01.2012. Hence, this revision.

(3.) Heard Ms. Udaya Sree Malladi, learned counsel for the petitioner and Sri T.Durga Prasada Rao, learned counsel for respondent No.1.