THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 1968 OF 2014 Dated:12-09-2014
Between:
Smt. Sandhya and two others ... PETITIONERS AND Union of India, rep., by its General Manager, South East Central Railway, Bilaspur .. RESPONDENT THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 1968 OF 2014
ORDER:
The petitioner is the 1st defendant in O.S No. 593 of 2006 on the file of the XI Additional Chief Judge, City Civil Court, Hyderabad. The suit was filed for partition and separate possession of the suit schedule properties. A preliminary decree was passed by the trial Court on 17-12-2012. Aggrieved by that, the petitioner filed CCCA No. 17 of 2013 before this Court. In CCCAMP No. 77 of 2013, this Court passed an order on 06-03-2013 directing stay of passing of the final decree. However, the other steps were permitted to go on.
The 1st respondent filed I.A No. 132 of 2013 for final decree. The trial appointed an Advocate Commissioner and the Advocate Commissioner in turn submitted a report stating that the property cannot be divided into two equal shares. The trial Court however passed an order dated 11-04-2014 disagreeing with the Advocate Commissioner and directing him to divide the property into two parts.
Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent.
To the extent the trial Court appointed Advocate Commissioner to take steps for passing of final decree, there did not exist any objection whatever. However, despite the fact that this Court passed an order staying the passing of final decree, the trial Court proceeded to direct the division of the property almost in the form of final decree. Further, the report submitted by the Advocate Commissioner was not agreed to. Now that the appeal is pending, the steps for final decree can be relegated to the stage, after the disposal of the appeal.
Hence, the C.R.P is allowed and the order under revision is set aside. However, the report submitted by the Advocate Commissioner shall form part of the record. It shall be taken into account as and when occasion arises for passing the final decree.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 12-09-2014 ks