The High Court · 2025

in the affidavit fired in suppo-rt of the petition, in" nign court may oe pteaseo to suspend the order 24-7 -2023 in rA No.274 0f 2023 ii os.ruo.tsoot zore on tne - file of lAddl. District and sessions Judge, Bhongiri, yadadri Bhongiri Distn'ct. Counsel forthe Petitioners: Sri Gudi Madhusudhan Reddy Counsel for the Respondent: Ms. Shivani, representing The court made rhe ro,,o*,nn?'d[ffioh Peddakula 13 f * ,* 7 ,,/ l { HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CTVIL REVISION PETITI ON No.2632 of 2023 ORDER: This Civjl Revision Petition is filed assailing thr: order d.ated.24.O7 .20123 passed in I.A.No.274 of 2023 in O'S' \o 150 of 2018 on thr: file of I Additional District Judge, l'adadri Bhongir Distri(I..

2. Heard Sri Gudi Madhusudhan Reddy, learned c:ounsel for the petitroners and Ms.Shivani, learned <:ounsel representing Sri Papaiah Peddakula, Iearned counsel for the respondent on record.

3. The petitioners herein are plaintilfs and the respondent herein is the clefendant in the suit. For convenien:e, the parties herein after referred to as they are arrayed in th.e suit.

4. The brien factual matrix of the case is that pet..tioners herein Iiled srrit vide O.S.No. 150 OF 2O 18 agairrst the respondent herein for perpetual injunction in respect of land bearing Survey No.222ll/l admeasuring Ac.O2.3l :Iuntas, Survey No.222 l7 /2 in respect of land admeasuring Ar:.02.31 guntas, Survey No.222IL/3 rn respect of lald adme,:rsuring Ac-O2.37 guntas, total admeasuring Ac.08.13 guntas situated at Kurella Revenue Village, Athmakur Mandal, Y adadri- Bhongir Distri,:rt. It is averred that respondent herein entered appea rance and filed written statement and during the pendency of the suit respondent herein also filed al I ,f I a 2 application vide I.A.No.2Z4 of 2023 in O.S.No. 158 of 2018 under Order XXW, Rute 9 r/w Section 151 of C,p.C for appointment of Advocate Commissioner to note down the physical nature of suit schedule properties within the mentioned in the plaint. .boundaries 5. It is contended by learned counsel for the petitioners that application in I.A.No.274 of 2023 Iiled by the respondent in the suit for appointment of Advocate Commissioner is not maintainable and further averred that respondent and also Iiled suit in O.S.No. 158 of 2018 before the Junior Civil Judge at Alair for perpetual injunction in respect of land in survey No.222/2 admeasuring Ac.Ol.O0 guntas situated at Kurella Revenue Village, Athmakur Mandal, yadadri-Bhongir District which is adjacent to the suit schedule property. It is further contended that respondent has got dispute with regard to location of suit schedule property and also stated that the application'filed by the respondent herein was erroneously allowed by the trial Court without taking into consideration the contentions raised by the petitioners herein.

6. If ii contended by learned counsel for the respondent. that in view of the contentions raised by both the parties, the tria-l Court rightly allowed the application and also contrended that no ground is made out to interfere with the impugned order passed by the trial Court. It is further I , 3 contendedthatthereisdisputewithregardtolocationrlfland and therefore it is appropriate to appoint Aclvocate commissioner nr physically veri[r the suit property' 7. A perusal of the record discloses that a s'uit in O.S.No.1SO of 12018 is hled by the plaintiffs for pe:petual injunction in respect of land in Survey No.222lllI' 2tt2/l/2 and,222/tl3 total admeasuring Ac.08.13 guntas situ''rted at Kurella Revenrtt: Village, Athmakur Mandal, Yadadri-Bhongir District where;rs suit in O.S.No.158 of 2018 is filed by the respondent for perpetual injunction in respect o I .land admeasuring .Ac.01.00 guntas in survey No.222/2 of the same village. It is a-lso represented that both the lar:ds are adjacent to ea.<:h other and it is specifically contenrled by learned counsel for the petitioners that land claimed by the respondent i5 ;essigned land by the Government and that Governmant h a.s laid road in the said O 1 .OO acre lald ald thus, on ground the said O 1 .O0 acre land belonging to the respondent is not available ' a I \

8. The counsel for the petitioners as well as respondent fairly contended they do not have any objection if thc entire land in survey No.222 and identi8r and demarcate the land of the petitioners herein and respondent on the ground and in fact, the same' would also aid in proper adjudication of the suit. t I 4

9. Considering the submissions made by both th9 counsels, this Court is of the view that C.R.p can be disposed of with the following direction: appointed by entire land "The Commissioner the trial Court sha1l survey 1n survey No.222 ar:d demarcate the land belonging to the petitioners admeasuring Ac.g.13 guntras in Survey Nos.222/7/I,222/t /2 and 222/ L /3 and also land belonging to respondent admeasuring Ac.01.00 guntas in survey No.222 /2 of Kurella Revenue Village, Athmakur Mandal, Yadadri-Bhongir District with the assistalce of Assistant Director, Survey of Lald Records or the Mandal Revnue OIIicer.?

10. Accordingly, with the above direction C.R.p is disposed of arrd the order d,ated 24.OT.2O23 passed in I.A.No.274 of 2023 in O.S.No. 150 of 2018 on the file of I Additional District Judge, Yadadri-Bhongir District stands modifred to the above extent. Since the suit is of the yeat 2OIg, the trial Court shall male an erldeavour to dispose of the suit as expeditiously as possible. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, sha11 stand closed. //TRUE COPY// SD/- A.V.S,PRASAD DE UTY REGISTRAR ECTION OFFICER To,

1. The 1't Additional District & Sessions Judge at Bhongir. 2. One CC to Sri Gudi Madhusudhan Reddy, Advocate [OPUC] 3. One CC to Sri Papaiah Peddakula, Advocate [OPUCI 4. Two CD Copies kam/DL + HIGH COURT DATED:2510212025 ORDER CRP.No.2632 of 2023 1 irE STI te ( 10 APfi i025 t D1.1:..16t\ o C. ,r DISPOSING OF THE CIVIL REVISION PET!TION @q'd 5" qO d