PAREPALLY SATYANARAYANA Vs. VUTUKURI MEENEDER GOUD

JUDGEMENT

(1.) This Revision Petition is filed by the first defendant against the order, dated 29-07-2004 in I.A.No.1097 of 2004 in O.S.No.302 of 2004 on the file of the learned Junior Civil Judge, Nalgonda, regarding the appointment of an Advocate Commissioner under Order 26 Rule 9 of C.P.C.

(2.) The plaintiff filed the suit for perpetual injunction restraining the first defendant from evicting him from the suit premises otherwise than in due course of law and for mandatory injunction directing the second defendant to break open the lock put to the suit premises. After ordering urgent notice in I.A.No.1090 of 2004 for the same relief, the plaintiff filed I.A.No.1097 of 2004 under Order 26 Rule 9 of C.P.C. for appointment of an Advocate Commissioner to break open the locks of the suit premises to record the physical features of the said premises and to ascertain facts of the possession of the suit schedule property. The lower Court passed the following order:

(3.) Being aggrieved by the said order, the first defendant preferred the present Revision on the following grounds: