HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.3256 of 2014 Date : 14-11-2014 Between :
Gundla China Mallaiah (died) per L.Rs.
Gundla Yadaiah and another .. Petitioners And Bokka Goverdhan Reddy and another .. Respondents Counsel for petitioners : Sri P. Chandrasekhara Reddy Counsel for respondents : Sri R. Satyanarayana Reddy The Court made the following order ORDER:
This Civil Revision Petition arises out of order dated 10-6-2014 in I.A.No.125 of 2014 in O.S.No.2844 of 2006 on the file of the learned VII Additional Senior Civil Judge, Ranga Reddy District, at L.B. Nagar, whereby she has appointed an Advocate Commissioner to survey the plaint schedule property with the assistance of a Mandal Surveyor, after leaving the land of the respondents admeasuring Ac.2-01 guntas in Sy.No.246 shown in their sale deed.
Ordinarily in a suit for perpetual injunction, a Commissioner is not appointed for gathering evidence. However, petitioner No.1, examined as DW-1 has categorically stated that he has no objection for appointing a Surveyor. Having given such an unequivocal consent, the petitioners cannot turn around and object to the appointment of an Advocate Commissioner. The Civil Revision Petition is therefore dismissed.
As a sequel to the dismissal of the Civil Revision Petition, interim order dated 25-9-2014 is vacated and CRPMP Nos.4456 and 4942 of 2014 are disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 14-11-2014 AM