J. VENKATESWAR RAO Vs. VIJAYA LAKSHMI

JUDGEMENT

(1.) This Civil Revision Petition, under Art. 227 of the Constitution of India, is filed challenging the Order 10.10.2012 in I.A. No.719 of 2008 in O.S. No.659 of 2008 passed by Additional Junior Civil Judge, Cyberabad, Kukatpally at Miyapur, allowing an application filed under Sec. 151 Civil P.C. to appoint new Advocate Commissioner to locate the suit schedule plot with the help of Mandal Surveyor or Assistant Director of Survey and Settlement, Serilingampally Mandal, Ranaga Reddy District.

(2.) The respondent herein filed suit O.S.No.659 of 2008 for injunction simpliciter alleging that the he purchased a plot for Rs.12,000.00 under registered Sale Deed, Document bearing No.9275 of 1990, dated 24.07.1990 from Erani Mallaiah and others and since then she is in possession and enjoyment of the property and the revision petitioner/defendant allegedly made an attempt to infringe or invade the legal right of the plaintiff. The schedule of the property is annexed to the plaint and described as follows:

(3.) The respondent herein/plaintiff filed I.A.No.3148 of 2004 under Order 26 Rule 9 Civil P.C. to appoint an advocate commissioner to note the physical features of the suit schedule property, reminiscence of compound wall in the suit schedule site and other physical features. Initially, an Advocate Commissioner was appointed by the Court and he visited the suit schedule property and filed his report.