THERE IS NO NECESSITY FOR APPOINTMENT OF ADVOCATE COMMISSIONER FOR SN,J DEMARCATING THE BOUNDARIES AND NOTING THE PHYSICAL FEATURES OF THE SUIT LAND: TELANGANA HIGH COURT
The High Court of Telangana passed a judgment on 11 April, 2023 stating there is no necessity for appointment of Advocate Commissioner for SN,J demarcating the boundaries and noting the physical features of the suit land. It was stated in the case of Smt. Dasari Govardhanamma, vs Smt. Patnam Ramulamma (C.R.P.NO.970 OF 2023)which was passed by the single judge bench comprising of Surepalli Nanda
FACTS OF THE CASE:
The defendants filed I.A.No.112 of 2021, under Order 26 Rule 1 and 9 read with Section 151 C.P.C. seeking appointment of an Advocate Commissioner for demarcating boundaries and noting the physical features of the plaint schedule property with the help of Revenue Inspector of Gadwal (Rural) and Deputy Inspector of Survey (Jogulamba) Gadwal District. The plea taken in that petition is that the extent of plaint schedule land as per the pattedar passbooks of the plaintiffs varies with the extent shown in the plaint schedule and as such the identity of the suit land is in dispute SN,J and the plaintiff wrongly showed boundaries in the plaint schedule and so it is necessary to appoint an Advocate Commissioner for demarcation of the boundaries of the plaint schedule land and to note down the physical features of the lands. The plaintiffs in their counter vehemently opposed the plea for appointment of the Advocate Commissioner. They contended that the suit is filed for bare injunction and the issue in the suit would be whether as on the date of filing of the suit they were in possession of the suit land or not and that the boundaries as shown in the plaint schedule are the boundaries that were in existence as on the date of filing of the suit and so the question of demarcation of boundaries by surveyor does not arise. The lower Court after considering the material on record came to the conclusion, that there is no variation in the extent of land between the pattedar passbooks and the plaint SN,J schedule and survey of the subject land having already been conducted by Mandal Surveyor and having regard to the scope of the suit, the question whether the plaintiffs were in possession of the land as on the date of suit can be decided by considering the oral and documentary evidence to be adduced by both the parties and that therefore, there is no need for appointment of Advocate Commissioner.
JUDGEMENT OF THE CASE
The Court wasof the considered opinion that there is no impropriety, illegality or irregularity committed by the lower Court in passing the impugned order dated 20.01.2022 in I.A.No.112 of 2021 on the file of the I Additional Junior Civil Judge, at Gadwal and so this Court does not find any merit in the civil revision petition and accordingly, the civil revision petition is dismissed. However, there shall be no order as to costs.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.