PAPASANI SANKARA REDDY Vs. KANDULA HANUMANTHA REDDY

JUDGEMENT

(1.) This Civil Revision Petition arises out of order, dated 02-11-2012, in I.A. No.213 of 2012 in O.S. No.58 of 2007 on the file of the learned Junior Civil Judge, Guntakal.

(2.) The petitioner filed the above mentioned suit for declaration of his right to use the main street abutting the plaint schedule property on the southern side without any let or hindrance, and for a mandatory injunction to direct the respondents/defendants to remove the respective houses constructed by them on the main street on the southern side of the plaint schedule property and not to cause any obstruction to him from using the main street. He has filed I.A. No.213 of 2012 under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (for short "CPC") for appointment of an Advocate-Commissioner to inspect the suit schedule property, measure the same and demarcate the boundaries with the assistance of the Mandal Surveyor and to locate the extent of encroachment by the respondents on the southern side of the suit schedule property. The respondents opposed the said application. The Court below upon considering the respective pleas, dismissed the application.

(3.) The reasoning of the Court below in dismissing the application is mainly two fold, namely, that the application filed by the petitioner is belated; and that by seeking appointment of an Advocate-Commissioner, the petitioner is trying to gather evidence.