LAWS(TLNG)-2024-8-34

KOTA MALLAIAH Vs. MANDALA SUJATHA

Decided On August 20, 2024
Kota Mallaiah Appellant
V/S
Mandala Sujatha Respondents

JUDGEMENT

(1.) Heard Smt. R. Madhavi Latha, learned counsel for the petitioners and Sri Gaddam Srinivas, learned counsel for the respondent.

(2.) The present Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the order dtd. 19/3/2024 passed in I.A.No.273 of 2021 in I.A.No.7 of 2020 in O.S.No.18 of 2020 by the III Additional Junior Civil Judge, at Karimnagar.

(3.) Respondent/plaintiff has filed a suit vide O.S.No.18 of 2020 for perpetual injunction restraining the petitioners/defendants and their men from interfering with the possession and enjoyment of the plaintiff over the suit schedule property. She has also filed I.A.No.7 of 2020 in the said suit seeking ad-interim injunction. During pendency of the said suit and in the said I.A. No.7 of 2020, respondent/plaintiff has filed I.A.No.273 of 2021 under Order XXVI Rule 9 of CPC to appoint an Advocate-Commissioner to measure and fix boundaries to the lands in Sy.Nos.124 and 125 situated at Vegurupalli Village, Manakondur Mandal, Karimnagr District, and also to ascertain the suit land and its survey number through Mandal Surveyor, contending as follows:-