MUKUND LAL Vs. SHARADA BAI

JUDGEMENT

(1.) This C.R.P. is directed against the order dated 20.9.2005, passed by the II Junior Civil Judge, City Civil Court, Hyderabad, allowing the application in I.A. No. 1530 of 2005 is O.S. No.7739 of 2004, filed under Order XXVI Rule 9 of the Code of Civil Procedure, 1980 by respondent Nos.1 to 3, praying to appoint an Advocate Commissioner, to note down the physical features of the construction of the plaint schedule property.

(2.) The petitioner is defendant No.1, respondent No.4 is defendant No.4, and while respondent Nos.1 to 3 are the plaintiffs. The plaintiffs filed suit in O.S. No.7739 of 2004 seeking declaration and mandatory injunction against defendant No.1 inter alia contending that defendant No.1 is making illegal construction and that defendant No.2 is riot taking any action. Defendant No.1 contested the suit inter alia contending that he did not make any illegal construction, and that the suit itself is not maintainable against him. As defendant No.1 is making illegal constructions in violation of the sanctioned plan, the plaintiffs filed the present application praying to appoint an Advocate Commissioner to note down the physical features of the plaint schedule property, which by reason of the order impugned in this C.R.P. was allowed.

(3.) Heard the learned counsel for the petitioner and the learned counsel for the respondent Nos.1 to 3.