KUNJA BHASKAR Vs. KORSA MALLAIAH

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is preferred against the order dated 06.06.2018 in I.A. No. 347 of 2017 in O.S. No. 165 of 2013 passed by the Principal Junior Civil Judge, Kothagudem, Khammam District, dismissing the application filed for appointment of Advocate-Commissioner to measure the land within the boundaries of Plot No. 10 in Sy. No. 816 of Nehru Nagar, Paloncha.

(2.) The petitioner is defendant and the respondent is plaintiff in the suit O.S. No. 165 of 2013. For the sake of convenience, the parties are referred to as they were arrayed in the suit before the Court below.

(3.) The plaintiff filed aforesaid suit for perpetual injunction. In the said suit, the defendant filed an application in I.A. No. 347 of 2017 under Order 26, Rule 9 r/w. section 151 of C.P.C., seeking appointment of an Advocate-Commissioner to measure the land within the boundaries of Plot No. 10 in Sy. No. 816 of Nehru Nagar, Paloncha. On consideration of the evidence and the material on record, the Court below dismissed the said application through the impugned order dated 06.06.2018. Aggrieved by the same, the defendant has preferred the present Civil Revision Petition.