ARREDLA RAM REDDY Vs. ARREDLA ALIVELAMMA

JUDGEMENT

(1.) This CRP is filed against the order dated 7-5-2004 passed by the learned Junior Civil Judge, Deverkonda, in LA. No.38 of 2004 in O.S. No. 18 of 2004.

(2.) The respondent filed O.S. No. 18 of 2004 against the petitioners for the relief of permanent injunction in respect of Ac.2.30 guntas of land in Sy.No.240/A of Mosangi Village, Gurrampod Mandal, Nalgonda District. She also filed LA. No.38 of 2004 under Order 26, Rule 9 C.P.C., for appointment of an Advocate Commissioner, to note down the physical features. Through the order under revision, the Trial Court appointed a Commissioner.

(3.) Learned Counsel for the petitioners submits that, in a suit for permanent injunction, the only question that falls for consideration is, whether the plaintiff was in possession of the suit schedule property, as on the date of the filing of the suit, and whether she is entitled for permanent injunction; and the question of noting down the physical features in such matters does not arise. He contends that the purpose of filing the application was only to gather evidence, and that the same is not permissible in law.