D.Venkat Ram Reddy , Pratap Reddy (died) Vs The Dist. Collector, Mahabubangar Dist.

HON’BLE DR. JUSTICE K.G. SHANKAR

CIVIL REVISION PETITION NO. 4888 OF 2013

ORDER:

The petitioner seeks to set aside the orders in I.A.No. 189 of 2010 in O.S.No. 59 of 1999 on the file of Senior Civil Judge, Narayanpet and to appoint an Advocate Commissioner to make local inspection of the plaint schedule property and record physical features of the property.

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The very suit was laid in 1997. After the suit was transferred to Narayanpet, it was numbered as O.S.No. 59 of 1999. This application in I.A. No. 189 of 2010 under Order 26 Rule 9 CPC was laid in 2010, about 13 years after the filing of the suit. Such a petition deserves to be dismissed in limine as highly belated.

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Added to it, the plaintiffs have already deposed in this case as PWs 1 and 2 and third defendant had examined himself as DW-1. On the basis of the evidence of DW-1,

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the petition for appointment of a Commissioner was filed, as is evident from the affidavit accompanying the petition. The Trial Court, therefore, considered that the plaintiffs were trying to gather evidence through an Advocate Commissioner. Such an attempt on the part of the plaintiffs cannot be accepted. The Trial Court dismissed the application.

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I see no merits in this Revision. This Revision deserves to be dismissed. Indeed, the Trial Court always enjoys the inherent powers to appoint an Advocate Commissioner if it considers that in the interest of justice it is necessary for the Court to obtain information through an Advocate Commissioner. So far as the plaintiffs are concerned, their claim however is found to be unjustified. The finding of the trial Court consequently, does not deserve to be interfered with.

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Accordingly, this Civil Revision Petition is dismissed. No costs. Miscellaneous petitions, pending if any in this Revision Petition, shall also stand closed.

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DR.JUSTICE K.G.SHANKAR DATE: 20.12.2013

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KA

D.Venkat Ram Reddy , Pratap Reddy (died) v. The Dist. Collector, Mahabubangar Dist.

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D.Venkat Ram Reddy , Pratap Reddy (died) v. The Dist. Collector, Mahabubangar Dist.

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