T.STEVEN SANJAY RAJ Vs. SHOBHA RANI

JUDGEMENT

(1.) This is a Civil Revision Petition directed against the impugned order passed by the learned II Additional Chief Judge, City Civil Court, Hyderabad in I.A.No.939 of 2022 in O.S.No.677 of 2012, dtd. 16/7/2024, wherein, a petition filed to reject the report dtd. 18/3/2023 filed by the Advocate Commissioner in I.A.No.939 of 2022 has been closed.

(2.) Heard Sri C. Kumar, learned counsel, learned counsel for the revision petitioners/defendant Nos.3 to 6 and Sri Nivarthi Mruthyunjaya, learned counsel for the respondent No.1/ defendant No.1.

(3.) The background facts giving rise to filing of Civil Revision Petition are that the main suit in O.S.No.677 of 2012 was filed by the deceased respondent No.2/plaintiff seeking partition and separate possession against respondent No.1 and the deceased petitioner No.1. Said suit was decreed in the year 2014. There was a need to separate the property by metes and bounds and therefore, petition was filed in I.A.No.939 of 2022 by respondent No.1/ defendant No.1 for appointment of an Advocate Commissioner. Said petition was allowed and an Advocate Commissioner has been appointed to measure the suit schedule property by metes and bounds. Said Advocate Commissioner filed the report on 18/3/2023 after executing the warrant. The petitioners/defendant Nos.3 to 6 opposed the Advocate Commissioner Report on the ground that they have not been issued with notice and therefore, the Advocate Commissioner report is liable to be set aside. Said objection was over-ruled by the learned Trial Court vide impugned order dtd. 16/7/2024. Aggrieved by the same, the present Civil Revision petition is filed.