HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.1207 of 2014 Date : 25-4-2014 Between:
K. Srinivasa Reddy ..
Petitioner And The A.P. state, Represented by its District Collector, Prakasam District at Ongole and another ..
Respondents Counsel for petitioner : Sri V. Narayana Reddy Counsel for respondents : --
The Court made the following:
ORDER:
This Civil Revision Petition arises out of order dated 27-1-2014 in I.A.No.253/2013 in O.S.No.458/2011 on the file of the learned Principal Junior Civil Judge, Ongole.
The petitioner filed the above mentioned suit for permanent injunction simplicitor against the respondents. The petitioner has filed I.A.No.253/2013 for appointment of an Advocate-Commissioner to measure the land based on the Gazette notification issued by the Government on 16-2- 2006 under the provisions of the Land Acquisition Act, 1894. The lower Court, on a consideration of the respective pleas, dismissed the application mainly on the ground that in a suit for permanent injunction, there is no need for appointing an Advocate-Commissioner.
In my opinion, the petitioner, having filed the suit for injunction, needs to succeed on his own evidence. In view of the settled legal position that in a suit for injunction, an Advocate-Commissioner need not be appointed, I do not find any illegality or jurisdictional error in the order of the lower Court.
The Civil Revision Petition is accordingly dismissed.
As a sequel to the dismissal of the Civil Revision Petition, CRPMP No.1687/2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 25-4-2014 AM