A revision petition was filed against the lower court's dismissal of an application for appointing an advocate-commissioner to demarcate land in a suit for perpetual injunction. The court held it was improper to collect evidence after trial completion and dismissed the revision.
Revision petition dismissed. No costs awarded.
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THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
C.R.P. NO. 4770 of 2012
Date of Judgment: 17.10.2012
Between:
Moola Sreenivasa Reddy …Petitioner and
M. Venkatachalapathi
..Respondent
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
C.R.P. NO. 4770 of 2012
ORDER:
The petitioner is the plaintiff before the trial court in a suit for perpetual injunction. The petitioner/plaintiff as well as the respondent/defendant have led their respective evidence and the suit is coming up for arguments. At this stage the petitioner filed an application for appointment of advocate-commissioner to demarcate the suit schedule land with the assistance of a surveyor. That application was dismissed by the court below under the impugned order. Hence this revision.
I am unable to find any infirmity in the order of the
court below inasmuch as in a suit for perpetual injunction the plaintiff has to establish his possession and the burden entirely is that of the plaintiff. He cannot resort to appointment of advocate-commissioner after the trial is completed and seek to collect evidence through the advocate-commissioner. The application was rightly dismissed by the trial Court. I find no reason to interfere with the impugned order of the trial Court.
The revision petition is accordingly dismissed. No costs.
VILAS V. AFZULPURKAR, J
Dt. 17.10.2012 KR
1 issue framed by the court
Whether a party can appoint an advocate-commissioner to demarcate land after evidence in a suit for perpetual injunction is concluded.
Moola Sreenivasa Reddy
M. Venkatachalapathi
Vilas V. Afzulkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
