THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION No. 1729 OF 2014 Dated:14-08-2014 Between:
N. Yadagiri Yada @ Yadaiah and another
... PETITIONERS
AND
Mohammed Mujeeb Akram
.. RESPONDENT
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 1729 OF 2014 ORDER:
The respondent filed O.S No. 335 of 2014 in the Court of VII Junior Civil Judge, City Civil Court, Hyderabad against the petitioners for the relief of perpetual injunction in respect of the suit schedule property. Stating that the property with the description as mentioned in the suit schedule does not exist at all, the petitioners filed I.A No. 64 of 2014 under Order XXVI Rule 9 CPC, with a prayer to appoint an Advocate Commissioner. The application was opposed by the respondent. The trial Court dismissed the I.A through its order dated 22-04-2014. Hence, the revision.
Heard the learned counsel for the petitioner.
In a suit for perpetual injunction, it is for the plaintiff to establish not only the existence of the property but also the factum of interference by the defendant. Even the plaintiff in such a suit cannot file an application for appointment of an Advocate Commissioner, that too before the commencement of the trial. Filing of application for appointment of Advocate Commissioner by the defendant is almost unheard. It is only in exceptional cases, that too if the stage of the suit permits that an application of such nature can be filed. The trial Court has taken the correct view of the matter and the order under revision does not suffer from any infirmity.
The C.R.P is accordingly dismissed. The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J
14-08-2014
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