THALLA SULOCHANA Vs. THALLA ISAAC

JUDGEMENT

(1.) This Civil Revision Petition arises out of Order, dated 28-11-2011, in IA.No.248 of 2011 in OS.No.56 of 2009, on the file of the learned Senior Civil Judge at Sircilla.

(2.) The petitioner is defendant No.1 in the suit filed by respondent No.1 for declaration of title and permanent injunction in respect of the suit schedule property. The petitioner is none other than the step mother of respondent No.1/plaintiff. It is the case of respondent No.1 that his father has executed a registered gift deed, which was acted upon during the lifetime of the donor by delivery of possession. The petitioner has pleaded that she is living in a part of the suit schedule premises under a family settlement and that therefore, the purported gift deed was not acted upon. The petitioner filed IA.No.248 of 2011 for appointment of an Advocate-Commissioner to note down the physical features for elucidation of the matter in dispute. This application was dismissed by the lower Court. Assailing this Order, the petitioner filed the present Civil Revision Petition.

(3.) At the hearing, Sri M.Rajamalla Reddy, learned Counsel for the petitioner, has strenuously contended that the Court below has committed a serious error in dismissing the petitioner's application. He submitted that, in order to prove the petitioner's stand that she is living in one portion of the suit schedule premises and thereby, the alleged gift deed has not been acted upon, it is necessary to appoint an Advocate-Commissioner.