The court dismissed a civil revision filed under Civil Revision Petition No.623 of 2011 challenging the lower court's order rejecting an application for appointment of an advocate-commissioner in a property dispute. The revision failed.
The revision was dismissed. No order as to costs.
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HON’BLE SRI JUSTICE A. GOPAL REDDY
CIVIL REVISION PETITION No.623 OF 2011
DATE:04-03-2011
BETWEEN Karempudi Sunil …Petitioner AND Kancherla Chittipapa & others …Respondents
THIS COURT MADE THE FOLLOWING:
HON’BLE SRI JUSTICE A. GOPAL REDDY
CIVIL REVISION PETITION No.623 OF 2011
ORDER:
Petitioner-second defendant filed I.A.No.580 of 2007 for appointment of an advocate-commissioner in O.S.No.60 of 2007 filed for permanent injunction stating that under the guise of interim orders obtained in I.A.No.68 of 2007, the respondents-plaintiffs may change the physical features of his land and extent of Ac.1.51 cents covered under documents bearing Nos.4109/2005 and 1997/2006, dated 11.7.2005 and 12.5.2006 with a view to grab the property fraudulently and dishonestly. Therefore, he sought for appointment of advocate-commissioner to measure and survey the landed property belonging to the petitioner and the plaintiffs with the aid and
assistance of Government surveyor.
By the impugned order, dated 7.10.2010 the lower Court rightly dismissed the impugned I.A. as the said application was filed only to gather the evidence in favour of the petitioner under the garb of appointment of advocate-commissioner to measure the suit land, which cannot be permitted. The impugned order passed by the lower Court does not suffer from any illegality warranting interference by this Court.
The revision fails and the same is accordingly dismissed. No order as to costs.
_______________ A. GOPAL REDDY, J. MARCH 04, 2011 Tsr.
2 issues framed by the court
Whether a civil revision is maintainable to challenge an order dismissing an application for appointment of an advocate-commissioner.
Whether the lower court's dismissal of the advocate-commissioner application warrants interference in revision.
Karempudi Sunil
Kancherla Chittipapa
A. GOPAL REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
