K DAYANAND Vs. P SAMPATH KUMAR

JUDGEMENT

(1.) DEFENDANTS in O.S.No.148 of 2011 on the file of the Court of the Junior Civil Judge, Nalgonda, are the revision petitioners. This revision assails the order of the said Court dated 8.08.2013, allowing I.A.No.713 of 2011, filed by the respondent/plaintiff under the provisions of Order XXVI Rules 1 and 9, r/w Section 151 of C.P.C.

(2.) THE facts and circumstances leading to filing of the present revision are as under:

(3.) THE respondent instituted O.S.No.148 of 2011 against the petitioners, seeking perpetual injunction, restraining the petitioners from interfering with his peaceful possession and enjoyment of the plaint schedule property. The plaint schedule property is an extent of Ac.1.05 guntas of land in Sy.No.495 of Mamillagudem village, Nalgonda Mandal, Nalgonda District. In the said suit the respondent filed I.A.No.439 of 2011 under the provisions of Order 39 Rules 1 and 2 for temporary injunction. The Court below granted temporary injunction on 8.08.2013 and the petitioners herein filed C.M.A.No.5 of 2014 on the file of the 1st Additional District Judge, Nalgonda and the same is pending. The 1st respondent also filed the present I.A.No.713 of 2011 under Order XXVI Rules 1 and 9 r/w Section 151 of C.P.C., for appointment of Advocate Commissioner for noting down the physical features of the suit schedule property and also for a direction to the Commissioner to take photographs and video of the suit schedule property. Resisting the said application, the petitioners filed counter affidavit. The learned Junior Civil Judge, by virtue of an order dated 8.08.2013 allowed I.A.No.713 of 2011, appointing the Advocate Commissioner.