This civil revision petition challenging an order appointing an Advocate Commissioner was disposed of without adjudication because the underlying suit was dismissed on non-prosecution. The petitioner was directed to apply to the lower court if restoration is granted.
Revision disposed of without adjudication; liberty to apply to lower court if suit is restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR
C.R.P. No.1335 of 2008
Dated 6-8-2010
Between:
Bandi Mahendar and others.
…Petitioners.
And:
E.Ashok.
…Respondent.
HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR
C.R.P. No.1335 of 2008
ORDER:
The plaintiff in O.S.No.765 of 2006 on the file Principal Junior Civil Judge at Warangal is aggrieved by the order passed by the learned Principal Junior Civil Judge at Warnagal on 4-6-2007 appointing an Advocate Commissioner to localize the survey numbers 269 and 317 as claimed by each of the parties with the help of Surveyor.
The main contention raised in the revision is that in a suit for injunction, the appointment of Commissioner so made goes beyond the scope of the suit.
Heard the both the learned counsel.
It is however not necessary to go into the aspect raised in view of the subsequent event that the suit itself stood dismissed for nonprosecution on 12-10-2009 and is no more pending.
Learned counsel for the petitioner states that application for restoration has been made and therefore, this revision is disposed of without necessity of adjudicating on the impugned order. In the event of restoration of the suit, as sought for by the petitioner, he shall be at liberty to make appropriate application before the Court below to reconsider the order of appointment of Commissioner according to law.
This Civil Revision Petition is accordingly disposed of. No costs. _____________________________________ JUSTICE VILAS V. AFZULPURKAR Dated 6-8-2010. Dvs
HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR
C.R.P. No.1335 of 2008
Dated 6-8-2010
Bandi Mahendar and others
E. Ashok
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
