THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISIION PETITION No.3854 OF 2014
ORDER:
This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 21.08.2014 in Interlocutory Application No.537 of 2012 in Original Suit No.128 of 2011 passed by the Additional Senior Civil Judge, Narasaraopet, Guntur District, whereunder and whereby, the application filed by the petitioners under Order XXVI Rule 9 and Section 151 of the Code of Civil Procedure, 1908, for appointment of an Advocate-Commissioner to get the property to an extent of Acs.2.70 cents comprised in D.No.294/B/A3 of Narasaraopet Revenue village and Mandal, measured with the help of Mandal Surveyor and with the assistance of Field Measurement Book and demark the property and to note the existing physical features, was dismissed.
2. Heard the learned counsel for the petitioners.
3. The suit was filed for recovery of plaint ‘B’ schedule property. Learned Additional Senior Civil Judge, Narasaraopet came to the conclusion that identity of the property is not in dispute between the parties and the dispute is only with regard to extent of land, which was in possession of the parties concerned. The Surveyor already measured the land and filed a report. Hence, determination of the dispute whether the respondents are entitled for Ac.0.90 cents or Ac.0.95 cents has to be decided in the Original Suit itself basing on the documentary evidence. Therefore, the learned Additional Senior Judge rightly dismissed the application and that order needs no interference by this Court because there is no illegality in passing the impugned order.
4. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this petition shall stand closed.
JUSTICE K.C. BHANU Date:31.10.2014 INL