Dismissed

K Rathna Reddy, Chittoor Dist v. K Gopal Reddy, Chittoor Dist

Andhra Pradesh HC20 Dec 2023CRP/1127/2017

Case brief

AI extract

What is this about?

The Court dismissed a revision petition challenging the lower court's refusal to appoint an Advocate Commissioner. The Court accepted the respondent's plea that a survey already occurred with the plaintiff's consent and involvement, rendering a new survey unnecessary.

What did the court decide?

Civil Revision Petition disposed of. No order as to costs. Miscellaneous petitions, if any, dismissed.

K Rathna Reddy, Chittoor Dist Vs K Gopal Reddy… — Property and Title | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE NYAPATHY VIJAY

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CIVIL REVISION PETITION No.1127 of 2017

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COMMON ORDER:

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The present Civil Revision Petition is filed against the order dated 21.10.2016 in I.A.No.382 of 2016 in O.S.No.155 of 2014 passed by the learned Senior Civil Judge, Palamaner, dismissing the application filed under order XXVI Rule 9 of the Code of Civil Procedure, for appointment of Advocate Commissioner in O.S.No.155 of 2014.

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The Defendant is the revision petitioner herein and the Suit is filed for permanent injunction and for consequential relief of damages. The revision petitioner filed the present application under order XXVI Rule of CPC, seeking appointment an Advocate-Commissioner to survey the suit schedule land with the assistance of Mandal Surveyor, Gangavaram and to fix up the encroachment in the form of constructions made by the respondent/plaintiff in the land of the revision petitioner/defendant in an

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extent of Ac.0.98½ cents in Sy.No.700/2A. In the application, the defendant had pleaded that the dispute land got surveyed with the consent of respondent/plaintiff in his presence and on payment of survey charges and it was found after survey that the respondent/plaintiff had encroached the land of the revision petitioner/defendant to an extent of Ac.15.00 cents in Sy.No.700/2A. Hence, he sought for appointment of Advocate-Commissioner through the Court. But, the Court below dismissed the said application, on the ground that during the pendency of the suit the revision petitioner sold away the entire extent of Ac.0.98½ cents of Sy.No.700/2A to one Bitrakumar Dass under Registered Sale Deed dated 16.06.2014 and that the present application was filed after lapse of two (02) years for getting the land surveyed, more so, the purchaser of the said land was not party to the suit.

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This Court, having heard the learned counsel for the petitioner, is of the opinion that as the revision petitioner himself pleaded that the survey was conducted by the Mandal Surveyor Gangapuram on 29.06.2010 in the

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presence of respondent plaintiff and on payment of survey charge, the said survey proceedings can be filed before the Trial Court and duplication of survey through Advocate-Commissioner is not required. Therefore, this Court is not inclined to interfere with the impugned order of trial Court on reasons mentioned above.

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Accordingly, the Civil Revision Petition is disposed of. No order as to costs.

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As a sequel, the miscellaneous petitions if any shall stand dismissed.

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_____________________ NYAPATHY VIJAY,J

Date: 20.12.2023 ANS

346

HON’BLE SRI JUSTICE NYAPATHY VIJAY

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CIVIL REVISION PETITION No.1127 of 2017

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Date: 20.12.2023 ANS

K Rathna Reddy, Chittoor Dist v. K Gopal Reddy, Chittoor Dist

Case brief

What is this about?

What did the court decide?

K Rathna Reddy, Chittoor Dist v. K Gopal Reddy, Chittoor Dist

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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