(1.) The present Civil Revision Petition is filed under Article 227 of the Constitution of India, challenging the orders passed by the Junior Civil Judge-cum-Judicial Magistrate of First Class, Razole, in I.A.No.103 of 2019 in O.S.No.93 of 2015, whereby the application filed by the petitioner herein under Order XXVI Rule 9 C.P.C. was rejected by the learned Judge.
(2.) The petitioner herein is plaintiff in the suit. She filed a suit in O.S.No.93 of 2015, seeking declaration of her title to the suit schedule property and for delivery of the same by removing the structures and after ejecting the defendant from the suit schedule property. The defendant filed his written statement and denied the title of the petitioner/plaintiff to the suit schedule property. When the suit was posted for trial and at its advance stage of recording of evidence, the petitioner/plaintiff filed a petition under Order XXVI Rule 9 C.P.C., in I.A.No.103 of 2019, seeking appointment of Advocate Commissioner "to localize the plaint schedule property with reference to documents of both parties with assistance of revenue records and with the assistance of the Mandal Surveyor".
(3.) The respondent filed his counter affidavit contending that unless the petitioner files cogent material before the Court, in support of its claim that she has got right title to the suit schedule property, she is not entitled to seek for localisation of the property, and further stated that the petitioner cannot seek localization of the property basing on the documents of the respondent.