YETURU BHAKTAVATSALA REDDY Vs. AMMANA BROLU SREENIVASULU REDDY

JUDGEMENT

(1.) This Civil Revision petition is filed against the order in E.A.No.273 of 1994. It is necessary ;to refer to the brief facts of the case.

(2.) One Balakrishna Reddy was the original Owner of the property. He settled the property in favour of the petitioner in the C.R.P. and his wife. When the defendants started interfering with his possession, the petitioner filed a suit OS No. 25/82. The suit was originally dismissed on the ground that the petitioner was not in possession of the suit property. On appeal A.S. 50/89 was allowed holding that the plaintiff was in possession of the property. Thereafter the second Appeal 666/91 was dismissed. Then Special Leave petiition 16773/92 was preferred and the same was also dismissed.

(3.) Taking advantage of the dismissal of the suit by the District Munsif, the Defendants took delivery of the possession of the property not through court. After the disposal of the S.L.P. the petitioner filed an application for restitution of the property under Section 144 of the Civil Procedure Code. Pending disposal of the restitution proceedings, he filed W.A.273 of 1994 for appointment of an Advocate-Commissioner to harvest the Standing Crop and deposit the proceeds to the credit of the Suit. The principal District Munsif dismissed the same, against which the present revision is filed.