K.RAFIQ BASHA Vs. VALUKURU RAMA KRISHNA

JUDGEMENT

(1.) Both the Civil Revision Petitions are filed against the orders dtd. 27/6/2024 passed in I.A.No160 of 2024 and I.A.No.161 of 2024 in O.S.No.174 of 2015 by the Court of Civil Judge (Senior Division), Kadiri.

(2.) As the issue involved in both the civil revision petitions is one and the same, these matters are taken up together for disposal by this Common Order.

(3.) The petitioner herein is the defendant No.2; 1st respondent herein is the plaintiff and the respondents No.2 to 4 are the defendants No.1, 3 and 4 in O.S.No.174 of 2015, which was filed before the Senior Civil Judge, Kadiri (for short "the trial Court") for declaration of title and for grant of permanent injunction with regard to the plaint schedule property. The evidence was closed and the suit was posted for arguments. During pendency of the same, the petitioner herein filed interlocutory applications before the trial Court vide I.A No. 160 of 2024 in O.S No.174 of 2015 under Order 26 Rule 9 of CPC seeking to appoint an Advocate Commissioner to note down the existing physical features of the suit schedule property and also filed I.A No. 161 of 2024 in O.S No.174 of 2015 under Order 16 Rule 14 of CPC seeking to issue summons to D3 i.e., Tahsildar, Kadiri to give evidence as a Court witness. The same were dismissed by the trial Court vide separate orders dtd. 27/6/2024. Aggrieved by the same, the present civil revision petitions came to be filed.