Telangana High Court

CRP/5860/2009 of Edadasari Papayamma Vs Vusirika Srinivasa Reddy on 31 December 2009

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SRI JUSTICE GHULAM MOHAMMED CRP NO.5860 of 2009 ORDER: This civil revision petition is filed against the order dated 9-11- 2009 passed in IA No.575 of 2009 in OS No.73 of 2009 by the II Addl. Senior Civil Judge, Vishakapatnam District, allowing the said IA filed under Order 26, Rule

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ORDER:

CRP NO.5860 of 2009

This civil revision petition is filed against the order dated 9-11-2009 passed in IA No.575 of 2009 in OS No.73 of 2009 by the II Addl.Senior Civil Judge, Vishakapatnam District, allowing the said IA filedunder Order 26, Rule 2(1) CPC for appointment of commissioner to findout the correct measurements, physical features and to identify thecorrect survey number and patta number of schedule property by takingthe assistances of mandal survery and to take photographs and to passsuch other orders.

2. Heard the learned counsel for the petitioner. Perused theimpugned order passed by the Court below.

3. The suit was for declaration to the effect that the cancellation ofthe document by defendant no.1 to 3 bearing document no.318 of 2003,dated 4-3-2003 as illegal and arbitrary and for permanent injunctionagainst them from alienating the suit property. The Court below allowedthe application to find out the correct measurements, physical featuresand to identify the correct survey number and patta number of scheduleproperty by taking the assistances of mandal survery and to takephotographs, which assists the Court to adjudicate the lis in its properperspective. The various allegations made by the defendants-petitionersherein in the affidavit filed in the IA before the Court below can be goneinto by the Court at the time of final adjudication of the matter. Thatapart, the impugned order is a discretionary order passed by the Courtbelow and, therefore, does not warrant any interference by this Court.

4. The civil revision petition fails and it is accordingly dismissed at the admission stage itself.

______________________

Ghulam Mohammed, J

31-12-2009

Nrg.

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