R RAMAKRISHNA REDDY Vs. M KAMALA DEVI

JUDGEMENT

(1.) This revision is preferred against the order dated 7-11-2001 in IA No.188of 2001 in O.S.No. 4 of 1990 on the file of Court of Senior Civil Judge, Nagarkurnool, appointing a Commissioner to make a notional partition of the properties prescribed in the Schedules A to C of the plaint into 18 shares and make a notional allotment in terms of preliminary decree.

(2.) The contention of the learned counsel for the revision petitioner is that since an appeal in A.S. No.1154 of 2001 against the preliminary decree in the suit O.S.4 of 1990 is pending in this Court, and since in C.M.P. No.7353 of 2001, an order of stay of passing of the final decree is passed, the order under revision appointing a Commissioner is violative of the order of this Court in C.M.P. No.7353 of 2001 in A.S. No.1154 of 2001, and so the same is liable to be set aside. His next contention is that since the properties covered by the suit are agricultural land, Section 54 C.P.C. would apply and so the Collector or the Gazetted subordinate to the Collector, deputed by him in this behalf only, but not a Commissioner appointed by the Court who can make a partition of the agricultural lands.

(3.) The contention of the learned counsel for the respondents is that, since the order in C.M.P. No.7353 of 2001 stayed the actual passing of the final decree, and not all further proceedings to be taken in pursuance of the reliminary decree, the Court below did not commit any error in appointing a Commissioner to make a notional partition of the plaint schedule properties.