J.RADHA KRISHNA MURTHY Vs. JANAPATI PARTHASARATHY

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dtd. 23/12/2022 ordering issue of notices to the respondents and adjourning the matter to 25/1/2023 in a petition in I.A.No.710 of 2022 in O.S.257 of 2022 on the file of the Court of Junior Civil Judge, Piduguralla filed under Order XXVI Rule 9 CPC to inspect the suit schedule property and note the existing physical features of the same, including measuring the suit schedule property with the assistance of Piduguralla Mandal surveyor and also answer the points raised by the petitioner/plaintiff through work memo.

(2.) The revision petitioners/plaintiffs who filed the suit against the respondents/defendants for permanent injunction from interfering with the possession and enjoyment of the plaint schedule property of Ac.0-58 cents in survey No.670/1-1, contended that the defendants 1 to 6 who are the owners of the neighbouring properties of the plaint schedule property are trying to pass through the property of the plaintiffs, though they have separate ways to reach the road and D-7 who is tenant of the first defendant is also following D-1 to D-6 in the like manner. The plaintiffs further contended that they laid boundary poles to prevent the defendants from going across the plaint schedule property, however the defendants are high handedly removing them in spite of resistance by the plaintiffs.

(3.) Along with the suit, the plaintiffs filed two Interlocutory Applications, one for granting temporary injunction and the other for appointment of commissioner. It is submitted by the learned counsel for the revision petitioners that the trial Court granted order of status quo in the petition filed for temporary injunction, whereas directed issue of notices to the respondents in the petition filed for appointment of commissioner.