Disposed

Kesamsetti Raju Naidu and 5 Others v. Kanchipati Somu Naidu at Tatalu and 6 Others

Andhra Pradesh HC8 Nov 2022CRP/885/2015

Case brief

AI extract

What is this about?

This revision petition challenges an order directing a Mandal Surveyor to demarcate property. The Court held that the trial Court should instruct the Advocate/Commissioner to use a District Surveyor due to lack of confidence in the local surveyor and disposed of the petition on these directions.

What did the court decide?

Directed the trial Court to instruct the Advocate/Commissioner to assist with a District Surveyor while executing the warrant.

Kesamsetti Raju Naidu and 5 Others Vs Kanchipati… — Property and Title | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER

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CIVIL REVISION PETITION No.885 of 2015

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O R D E R:

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I have heard learned counsel Mr.Rohith, representing on behalf of Mr.N.Ashwani Kumar, learned counsel for the revision petitioners.

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There is no representation for the respondents.

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This petition is filed by the petitioners under Article 227 of the Constitution of India against the orders passed by learned Principal Junior Civil Judge, Chodavaram, in memo filed by both parties, which reads as under:-

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“Heard both the counsels. Both the learned counsels represented the Court to direct the advocate Commissioner to following the directions of the Hon’ble Court to meet the ends of justice.

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The advocate Commissioner Sri G.V.G.R., is directed to execute the warrant of this Court with the assistance of Mandal Surveyor and Field Assistant of the Court to demarcate S.No.93/6 93/5 to of Ravikantham village and Mandal as ExA and Ex.C.1. He is directed to follow up the directions of Hon’ble Court in S.A.396/06 dt.23.08.2011. After demarcating the S.No.93/6 the same should be delivered to the plaintiff/DHr by fixing stones in 93/6.

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He is directed to issue notices to both the counsels and should proceed with the assistance of Field Assistant from Nazarath. His fee is tentatively fixed at Rs.3000/- to be payable both the parties equally. He is at liberty carry/receive the concerned documents from Court on

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proper acknowledge and undertaking and should report the same after execution of the warrant.”

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Now the grievance of the petitioners/JDrs is that they requested for survey of property with the help of District Surveyor as they have no confidence in the Mandal Surveyor, for which, they also filed memo, which is not ordered by the trial Court.

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After hearing learned counsel for the revision petitioners as well on perusing orders passed by this Court in S.A.No.396 of 2006, this Court is of an opinion that this Civil Revision Petition can be closed by directing the trial Court to instruct Advocate/Commissioner to take assistance of District Surveyor while executing the warrant as per orders passed by this Court in S.A.No.396 of 2006.

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With the above said directions, this Civil Revision Petition is disposed of. No order as to costs.

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Consequently, miscellaneous petitions, if any, pending shall stand closed.

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The interim stay if any granted is stand vacated.

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___________________________ JUSTICE BANDARU SYAMSUNDER

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Date :08.11.2022 Chb

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THE HON’BLE SRI JUSTICE BANDARU SYAMSUNDER

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C.R.P.No.885 of 2015

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Date :08.11.2022

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Chb

Kesamsetti Raju Naidu and 5 Others v. Kanchipati Somu Naidu at Tatalu and 6 Others

Case brief

What is this about?

What did the court decide?

Kesamsetti Raju Naidu and 5 Others v. Kanchipati Somu Naidu at Tatalu and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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