VASUPALLI DANAYYA Vs. PINNMARAJU SRINIVAS

JUDGEMENT

(1.) The challenge in this C.R.P. filed under Article 227 of the Constitution of India by the petitioner/plaintiff is to the order in I.A.No.766/2015 in O.S.No.247/2009 passed by learned I Additional Senior Civil Judge, Visakhapatnam dismissing the petition filed by the petitioner seeking appointment of Advocate commissioner to localize the suit property and measure with the assistance of licensed Surveyor and note down its physical features.

(2.) The petitioner is plaintiff in O.S.No.247/2009 seeking permanent injunction in respect of Ac.0.93 cents of land in Sy.No.294/2. The 1st respondent claims to be in possession of Ac.0.23 cents out of said Ac.0.93 cents in Sy.No.294/2. The trial is under way.

(3.) At this juncture, the petitioner filed I.A.No.766/2015 seeking appointment of Advocate commissioner. The trial Court having observed that as the suit is essentially one for permanent injunction wherein the plaintiff has to establish his lawful possession, appointing Advocate commissioner for localization of suit property and measuring the same with the help of Surveyor and noting down its physical features will not in any way assist the Court for effective disposal of the suit, rather the appointment of the Advocate commissioner tantamounts to collection of evidence, dismissed the petition.