JONNAVARAM IBRAHIM Vs. UPPALURU JAHARA BIDIED

JUDGEMENT

(1.) The revision petitioners, who are defendants in the suit seek to assail the docket order dated 26-11-2002 passed by the learned Principal Junior Civil Judge, Proddatur in I.A.No.1360 of 2000 in O.S.No.499of 1979.

(2.) The petition in I.A.No.1360 of 2000 was filed for passing final decree and for that purpose, for appointing a Commissioner to divide the properties by metes and bounds in accordance with the directions contained in the preliminary decree. That was resisted by the respondents therein, who are the revision petitioners herein by filing a counter. One of the grounds taken inter alia in the counter is limitation. According to the respondents, the preliminary decree having been passed on 4-10-1988, as per Article 137 of Schedule-1 of LIMITATION ACT, 1963, the three years period of limitation expired by 4-10-1991 and therefore, the petition in I.A.No.1360 of 2000 was clearly barred by limitation.

(3.) After having heard either side, under the impugned docket order, the learned Judge appointed an Advocate- Commissioner for division of the petition schedule properties. The impugned order is cryptic and is as under.