HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.1262 of 2014 Date : 4-9-2014 Between :
K. Sanjeeva Reddy ..
Petitioner And Jamma Sri Ramulu ..
Respondent Counsel for petitioner : Sri Penjuri Venugopal Counsel for respondent :
The Court made the following :
ORDER:
This Civil Revision Petition is filed against order dated 21-3-2014 in I.A.No.649 of 2013 in I.A.No.316 of 2013 in O.S.No.93 of 2013 on the file of the learned Additional Junior Civil Judge, Rajendranagar, Ranga Reddy District.
The petitioner filed the above mentioned suit for permanent injunction restraining the respondent from interfering with his possession of the suit schedule property. In I.A.No.316 of 2013, the petitioner sought for temporary injunction which was granted by the lower Court. The respondent, however, filed I.A.No.649 of 2013 under Order XXVI Rule 9 CPC for appointment of an Advocate- Commissioner to note down the physical features i.e., existence of surface bore-well, submersible pump, pipeline, cattle shed with roof of asbestos sheets, a room for keeping the feed and agricultural equipments and another room for stay of the labour and paddy crop at ripe stage in the suit schedule property. By a detailed order, the lower Court has allowed this application.
Ordinarily, while exercising the supervisory jurisdiction under Article 227 of the Constitution of India, this Court will seldom interfere with the discretionary orders passed by the lower Courts. The application was filed by the respondent for the purpose of contesting the injunction application filed by the petitioner by pleading that he is in possession of the property and enjoying bore well, submersible pump etc. Under Order XXVI Rule 9 CPC, a Commissioner can be appointed, inter alia, for the purpose of elucidating any matter in dispute. The lower Court in its wisdom has felt that the ascertainment of existence of the above mentioned physical features is necessary for disposal of the injunction petition. In this view of the matter, I do not find any error of jurisdiction in the order of the lower Court warranting interference of this Court.
For the above mentioned reasons, the Civil Revision Petition is dismissed.
As a sequel to the dismissal of the Civil Revision Petition, CRPMP No.1766 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 4-9-2014 AM