ARVIND KUMAR AGARWAL Vs. LEGEND ESTATES (P) LTD

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of order dated 27 -8 -2014 in I.A.No.451 of 2013 in O.S.No.36 of 2012 on the file of the learned Additional Junior Civil Judge, Rajendranagar, Ranga Reddy District.

(2.) THE petitioner filed the above mentioned suit for permanent injunction against the respondent in respect of Ac.5 -00 in Sy.No.167/3 of Kokapet village, Rajendranagar Mandal, Ranga Reddy District with specific boundaries. Even before the trial is commenced, the petitioner has filed the above mentioned application for appointment of an Advocate Commissioner. The lower Court, by the order under Revision has dismissed the said application. In its order, the lower Court has observed that having filed the civil suit with specific pleadings that the petitioner is the owner of the suit schedule property, the burden is on him to establish his plea by adducing evidence.

(3.) ORDINARILY , in a suit for injunction, an Advocate Commissioner is not appointed to gather evidence. Only in cases where there is a serious dispute regarding identity of the property or boundaries thereof, an Advocate -Commissioner can be appointed even in the suits filed for injunction (See : Haryana Wakf Board Vs. Shanti Sarup and others, 2008 8 SCC 671and Varala Ramachandra Reddy Vs. Mekala Yadi Reddy and others, 2010 4 ALD 198).