Allowed

Smt.Sarala Jain v. Sangu Gangathar

Telangana HC5 Dec 2014CRP/2402/2014

Case brief

AI extract

What is this about?

HC allowed a civil revision petition filed by defendants challenging an order appointing an Advocate Commissioner. The court found the relief in the I.A. equated to the suit relief without amendment. The order setting aside the appointment is without prejudice to a fresh application.

What did the court decide?

Civil Revision Petition allowed; impugned order setting aside to extent of appointment of Advocate Commissioner; liberty granted to respondent for fresh application; no order for costs.

Smt.Sarala Jain Vs Sangu Gangathar — Property and Title | Telangana HC (2014)

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HONOURABLE SRI JUSTICE CHALLA KODANDA RAM

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CIVIL REVISION PETITION No.2402 OF 2014

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O R D E R:

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This Civil Revision Petition is filed by the defendants 1 to 3 in O.S.No.322 of 2012, aggrieved by the Order dated 24.06.2014, passed in I.A.No.1390 of 2012 in O.S.No.322 of 2012, by the Principal Junior Civil Judge, Nizamabad.

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2) The grievance of the revision petitioners is that the learned Principal Junior Civil Judge, Nizamabad, vide impugned Order, appointed an Advocate Commissioner for the purpose of making measurements with respect to the suit schedule property with the assistance of surveyor from the Office of Assistant Director, Survey and Land Records, Nizamabad and fix the boundary stones of the land of the revision petitioners and respondents and file his report with rough sketch.

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3) When the matter came up for admission, learned counsel for the revision petitioners pointed out that admittedly the Survey No.329 consist of Ac.18-32 gts., and out of the same, Ac.15-11 gts., was sold to defendants. However, the relief claimed in the main suit as well as in the impugned I.A., for a total extent of Ac. 18-32 gts. In that view of the matter, so far as the appointment of Advocate Commissioner is concerned, the relief that is sought in I.A., virtually amounts to the relief that is sought in the Suit. At this stage, the learned counsel for the 1^st respondent submits that his client has instructed for seeking permission to make necessary amendments to the I.A., as well as to the suit, therefore, liberty may be granted to his client to take appropriate steps for amendment petitions. Learned counsel for the revision petitioners does not have any

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objection for the same.

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4) Accordingly, the Civil Revision Petition is allowed setting aside the impugned order. However, it is made clear that 1^st respondent-plaintiff is at liberty to approach the Court seeking appointment of Advocate Commissioner and such application shall be considered independent of the Orders in this Civil Revision Petition in accordance with law.

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There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

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CHALLA KODANDA RAM, J

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Dated:05.12.2014. Ssv

Smt.Sarala Jain v. Sangu Gangathar

Case brief

What is this about?

What did the court decide?

Smt.Sarala Jain v. Sangu Gangathar

Case brief

What is this about?

What did the court decide?

What the court decided

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