ANUSURI KRISHNA Vs. KAKARLA GOVINDU

JUDGEMENT

(1.) The Court made the following Order:

(2.) Initially, the 1st respondent sought relief of permanent injunction and subsequently sought amendment of the relief for declaration of title and recovery of possession. The learned Trial Court formulated the issues. Subsequently, in view of the amendment of the plaint seeking declaration of title and possession, additional issues were framed.

(3.) While so, the 1st respondent / plaintiff filed an application under Order XXVI Rule 9 r/w Sec. 151 of Code of Civil Procedure (for short 'C.P.C.'), seeking appointment of an Advocate Commissioner to measure the properties of both the parties by fixing its boundaries in respect of their documents with the assistance of the Mandal Surveyor and to draw a plan and to file a report before the Court. The said application was resisted by the petitioners herein by filing counter. They, inter alia, pleaded that the petition was filed for gathering evidence through Commissioner's report, that it is very difficult to identify the suit schedule property and that it is not the stage to appoint the Commissioner.