BUDARTHI JANAKI Vs. SIKHA KRISHNA

JUDGEMENT

(1.) This civil revision petition is filed by the petitioner-respondentplaintiff aggrieved by the order dtd. 26/7/2022 in I.A No.1 of 2022 in O.S No.143 of 2017 passed by the Principal Junior Civil Judge cum Judicial Magistrate of First Class at Kothagudem.

(2.) Heard learned counsel for the petitioner and the learned counsel for the respondents.

(3.) The learned counsel for the petitioner submitted that the petitioner filed a suit for perpetual injunction claiming that he was the owner and possessor of the suit schedule property, which was a vacant house site to an extent of 266 Sq. yds., in plot No.17 in Sy.No.805, situated at Paloncha Revenue Village, Paloncha Town and Municipality, Khammam District. The respondents-defendants filed written statement contending that no survey number 805, shown by the plaintiff, was available in the revenue records of Paloncha, as per the information obtained by them under Right to Information Act vide RC No.RTI/ A6122014, dtd. 22/8/2014. The trial was commenced in the above suit and the petitioner-plaintiff adduced evidence and the matter was posted for defendants' evidence. The affidavit of DW.1 was also filed and Exs.B1 to B3 were marked. When the matter was coming for defendants' further evidence, at that stage, the respondents-defendants filed I.A No.1 of 2022 seeking appointment of an Advocate Commissioner to locate the schedule property with the help of Mandal Surveyor. The said petition was allowed by the trial court vide order dtd. 26/7/2022.