ADARSH CONSTRUCTIONS Vs. QAMAARUNNISSA BEGUM

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioners/ defendants under Article 227 of the Constitution of India, assailing the orders dtd. 13/11/2015 in IA No.740 of 2015 in IA No. 181 of 2015 in OS No.303 of 2015 on the file of the learned II Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar.

(2.) This application in IA No.740 of 2015 is filed under Order-26 Rule-9 of the Civil Procedure Code, 1908 (for short 'CPC') to appoint advocate commissioner for making local investigation by surveying and demarcating the property claimed by the defendants as per the plaint annexed to the registered sale deed dtd. 20/8/1965 and A and B schedule properties belonging to the plaintiffs with the assistance of the Surveyor attached to the Survey and Land Records, Ranga Reddy District. The application in IA No.740 of 2015 was filed in IA No. 181 of 2015 filed under Order-39 Rules 1 and 2 CPC during the enquiry. The plaintiffs have filed the original suit in OS No.303 of 2015 and the defendants have also filed their written statement. Along with the suit, the plaintiffs have filed IA No. 181 of 2015 for temporary injunction under Order-39 Rules 1 and 2 CPC. During the enquiry, in this application the plaintiffs have filed the present application for appointment of advocate commissioner for survey of the schedule property and the property claimed by the defendants.

(3.) Accordingly, the IA No.740 of 2015 was allowed and Sri D. Mukesh Kumar, Advocate, was appointed as advocate commissioner for the purpose of local investigation for suit schedule A and B properties and the schedule property as per the registered sale deed dtd. 20/8/1965 with the assistance of Surveyor attached to the Survey and Land Records, Ranga Reddy District and to file his report along with the rough plan to the specific direction to the advocate commissioner not to mention as to in possession of the suit schedule properties. Further, the Advocate Commissioner shall give notice to both the parties and their counsel before execution of the warrant. Be it stated that as per the Case Status Information, as on the date, the learned Advocate Commissioner has not submitted his report.