MD. SARDAR Vs. VALLEPU NARSING RAO

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the orders dtd. 19/2/2024 in I.A.No.826 of 2023 in O.S.No.567 of 2019 on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Sangareddy.

(2.) Brief facts leading to the filing of the present Civil Revision Petition is that the petitioners are defendants in the Suit. The suit was filed by the plaintiffs for perpetual injunction against the petitioners herein claiming possession over the plots in Survey No.103/D, situated at Kashipur Village, Kandi Mandal, Sanga Reddy District, in respect of the Plot Nos.3, 5, 6, 10, 9, 11, 2. The ad-interim injunction was granted by the trial Court in I.A.No.1865 of 2019 in O.S.No.567 of 2019 under Sec. 26 Order 7 Rule 1 and 2 of Civil Procedure Code and after receipt of the notice and summons, the petitioners/defendants have filed a detailed counter affidavit and written statement denying the possession of the respondents/plaintiffs over the petition scheduled property and on their behalf filed certain documents i.e., Certified copy of Urdu sale deed along with translation, electricity bills along with photographs to the said suit scheduled property. According to the petitioners, they have purchased the petition scheduled property admeasuring an extent of Ac.0-19 guntas in Survey No.103, situated at Kashipur Village, Kandi Mandal, Sanga Reddy District and that they have constructed mulgies over the suit schedule property and that there is also a mosque in the suit schedule property since more than thirty years.

(3.) The interim injunction petition came up for arguments on 6/6/2023 and the petitioners prayed the trial Court to appoint an Advocate Commissioner to verify the physical features of the petition schedule property so as to come to correct conclusion and to resolve the dispute. The trial Court, however, dismissed the same by observing that the petitioners are trying to ascertain with regard to who is in the possession of the property and that it cannot be done by appointing an Advocate Commissioner. Challenging the same, the present Civil Revision Petition has been filed.