KANCHERLA VENKATESWARA RAO Vs. DEVATHA MAHA LAKSHMAMMA

JUDGEMENT

(1.) This Revision Petition, under Article 227 of the Constitution of India, is preferred against the order, dtd. 21/9/2015, in E.A.No. 555 of 2015 in E.P.No.85 of 2013 in O.S.No.467 of 2003 on the file of the Court of the Principal Junior Civil Judge, Palakol, West Godavari, (in short "the court below') which was filed under Order 26, rule 9 read with Sec. 151 of C.P.C. for appointment of an Advocate/ Commissioner to measure the joint wall as per the documents of the both the parties with the assistance of surveyor and to note down the physical features of the existing wall after identifying the same with measurements and file the report along with plan into Court.

(2.) The petitioners herein are the defendants 4 and 5; respondents herein 1 to 3 are the defendants 1 to 3 and respondents 4 and 5 herein are the plaintiffs in the suit.

(3.) The plaintiffs i.e respondents 4 and 5 herein have filed a suit for declaration of ABCD wall is the joint wall of the plaintiffs and 1st defendant and for mandatory injunction, directing the defendants to construct ANMG part of joint wall by closing the drain therein and to construct GHCD joint wall at the expenses of defendant and for permanent injunction restraining the defendants from constructing any other constructions in ABCD joint wall. The said suit was decreed on 23/11/2004. In the said suit E.P.No.85 of 2013 has been filed for execution of the decree and judgment dtd. 23/11/2004. In the said execution proceedings, the defendants/J.Drs therein have filed the impugned application in E.A.No.555 of 2015 for appointment of advocate-commissioner to note down the existing physical features therein.