RUKIYA BEGUM Vs. RIKSHA ESHWAR

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dtd. 07.03.2019 in IA No.43 of 2019 in OS No.82 of 2012 on the file of the learned Junior Civil Judge, Wanaparthy.

(2.) The petitioner/plaintiff has filed an application under OrderXXVI, Rule-9 of the Civil Procedure Code in IA No.43 of 2019 for appointment of an Advocate Commissioner for local investigation to fix up the boundary of the land in Survey No.197 situated at Srinivasapur Village, Wanaparthy Mandal and to note down the physical features for determination of the real dispute in controversy. This application filed by the petitioner/plaintiff was dismissed on 07.03.2019 by the Court below with an observation that the plaintiff has to prove her case and the burden of proof cannot be entrusted to the Advocate Commissioner and that there are no merits in the application.

(3.) The Original Suit No.82 of 2012 was filed by the petitioner/ plaintiff against the respondents/defendants for declaration of title and recovery of possession of the suit schedule property i.e., plot bearing No.34 admeasuring 200 square yards in Survey No.197 situated at Hill Colony, Srinivasapur Village of Wanaparthy with the following boundaries: