MALLIAKARJUNASRINIVASA GUPTA Vs. K SHESHIREKHA

JUDGEMENT

(1.) This revision petition is filed by the plaintiff against the order of the Principal Junior Civil Judge, Sangareddy, dated 22-11-2004.

(2.) The petitioner filed a suit for declaration of title and other reliefs in respect of plot No.62, as described in the schedule. The contention of the plaintiff is that he purchased plot No.62 by a registered sale deed, dated 14-8-1991 from his vendors in an approved lay out and that the defendant purchased plot No.63 on 15-10-1990 through a registered sale deed, that the defendant encroached a portion of plot No.62. Hence, he filed a suit for declaration of title and other consequential reliefs.

(3.) During the pendency of the suit, the plaintiff filed I.A. No. 1320 of 2004 under Order 26 Rule 9 C.P.C., for appointment of an Advocate Commissioner for local inspection, measurement of Plot No.62 belonging to the plaintiff, identification of plot No.63 belonging to the respondent with the help of a surveyor by measuring both the plots according to the lay out approved by the Gram Panchayat.