K.valarmathi and others v. Kumaresan

...RESPONDENT/DEFENDANT lA NO:1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in O.S.No. 1333 of 2013 on the file of Xl Additional District and Sessions Judge, Ranga Reddy District, at L.B.Nagar, pending disposal of CRP Counselforthe Petitionen SRI K RAVI MAHENDER I Counselforthe Respondent: SRI SHARAD SANGHI The Court made the folloring: ORDER ,) IN TITE HIGII COI'RT FOR THE STATE OF TELAI{GN{A AT ITYDERABAD THE HON'BLE JUSTICE SRI B.R. MADHUSUDHAN RAO CTVIL REVISION PETITION NO.29O5 OF 2023 DATED THE 4th DAY OF DECEMBER, 2O2S Between: Kanukula Srinivas Reddy M/s. Sri Sai Sagar Real Estate And ORDER: Petitioner ... Respondent

1. This civil Revision Petition is filed under Article 222 of constitution of India assailing the order dated 08.08.2023 passed in I.A.No.2O 9 of 2022 in O.S.No.1333 of 2O13 by the learned XI Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar.

2. Petitioner herein is petitioner-plaintiff and respondent herein is respondent-defendant in I.A.No.2o9 of 2022 in o.S.No.1333 of 2013.

3. Petitioner-plaintiff has filed O.S.No.1333 of 2013 for declaration of title, perpetual injunction and correction of entries in the revenue records in respect of land admeasuring Ac.2.O6 guntas comprising Ac.0.26 gts., in survey No.265 and Ac.1.20 guntas in surveyNo.273 of Kongara Khurd 1A' Village, Maheshwaram mandal, R.R. District, which is palt and parcel of Ac.6.10 guntas in the possession and enjoyment of ) \ I ( 2a BRMR,J CRP.No.2905 of 2O23 plaintiff but standing in the name of defendant in the revenue record.s with specific bound.aries. The prayer in the suit is as under: ua. A Decree be passed declaring that the plaintiff is the absolute owner and possessor of the suit schedule described property adm. Ac.2.O6 guntas comprising of Ac.O.26 guntas in Sy.No.265 and Ac.1.2O guntas in Sy.No.273-of Kongara Khurd A' Village, Maheshwaram Mandal, R.R. District and consequently pass a Decree for perpetual injunction restraining the defendant, it's Partners, agents, henchmen and any person or persons claiming through or under it from interfering with the plaintiff's peaceful possession and enjoyment of the suit property. b. A decree be passed for rectilication of the entries in the revenue record in respect of the suit schedule described propert5r from the year 2000 onwards by incorporating the name of Plaintiff and by deleting the name of Defendant there from."

4. The sole respondent-defendant has filed his written statement and contesting the matter contending that he has sold the property to third parties.

5. The petitioner has filed I.A.No.209 of 2022 under Order XXVI Rule g read with Section 151 of Civil Procedure Code to appoint Advocate Commissioner to demarcate and Localize the suit schedule land as per the sketch enclosed along with the plaint with the assistance of Mandal Surveyor or Assistant Director, Survey and Land Records. The sole respondent has filed his counter that appointment of Advocate Commissioner is not required in the suit. t, I L ,), i I I ! i t aJ BRMR,J CRP.No.29OS of 2023 Learned trial Court after going through the material on record,

6. has dismissed the application holding that "when the plaintiff seeks declaration of title in respect of specific property, it is for the plaintiff to establish and prove such title to the property and the plaintiff cannot rest his claim on the weakness or otherwise of the defendants plea and evidence. T.t Learned counsel for the petitioner submits that the order passed by the learned trial Court is erroneous, suffers from material irregularity, contrary to law and causing irreparable injury and loss to the petitioner.

7.2 Learned counsel for the petitioner further submits that during the cross-examination of DWl he has categorically admitted that he purchased Ac.2O-00 guntas of land under Ex.A-2-sale deed and in the plan annexed to his sale deed, Sy.Nos.263,265, 266, 267,268, 27O, 272 to 275 were mentioned. However, he was inducted into possession over Ac.20-0O guntas forming part of Survey No.263 (Ac.5-O7 gts.,), 266 (Ac.8-O9 Bts.,) and,267 {Ac.6.24 gts.,)

7.3 Learned trial Court ought to have seen that respondent-defendant do not have any lands in Survey Nos.265 arrtd.2,73. karned trial Court miser&ly failed in rejecting the arguments raised by the petitioner and \ prayed to set aside the impugned order. t,i I ;i i I I ,l :i 'I :l ,l ,l i I I i j l . 4 BRMR,J CRP.No.29OS of 2023 ,fl

8. Learned counsel for the respondent submits that evidence in the suit is completed and the matter is coming up for arguments. The learned Trial Court has rightly appreciated the contentions raised by the parties and dismissed the application filed by the petitioner for appointment of Advocate Commissioner, no interference is called for and prayed to dismiss the same.

9. Power of the High Court under Article 227 of Constitution of India is supervisory and is exercised to ensure courts and tribunals under its supervision act within the limits of their jurisdiction conferred by iaw. This power is to be sparingly exercised in cases where errors are apparent on the face of record, occasioning grave injustice by the court or tribunal assuming jurisdiction which it does not have, failing to exercise jurisdiction which it does have, or exercising its jurisdiction in a pefverse manner (see: K.valarmathi and others vs. Kumaresan - 2025 SCC OnLine SC 985). 1(). As stated supra, prayer 'b' of the plaint is to pass a decree for rectification of entries in the revenue records., Learned counsel for the petitioner, during the cour:se of arguments, contended that he is in possession of the suit scheduled propent5r but tJ:e revenue records show the name of the respondent-defendant in the records. :--.- BRMR,J CRP.No.29OS of 2023 5

11. In paragraph No.4 of the plaint it is mentioned that the plaintiff got the land purchased by him and surveyed the property. The same fact is also mentioned in the affidavit in I.A.No.2O9 of 2022. Further, the petitioner-plaintiff in paragraph No.5 of the plaint stated that he has perfected titte over the suit schedule property by way of adverse possession. This Court is not going into the merits of the case. As the application hled by the petitioner is for appointment of Advocate Commissioner, the learned trial Court has rightly appreciated the contentions raised by the parties and rightly dismissed the application by assigning cogent seasons in paragraph No.6 of the impugned order' Furthermore, the suit schedule property is already surveyed. L2. There are no merits in the CRP and the same is liable to be dismissed and is accordingly dismissed.

13. Civil Revision Petition is dismissed. No costs. Interim order/s if any shall stand vacated. Miscellaneous petition/s shall stand cloSed. SD/. L. VIJAYA I.AXMI STANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The XlAdditional District and Sessions Judge, Ranga Reddy District, at L.B.Nagar

2. One CC to SRI K RAVI MAHENDER Advocate [OPUC] 3. One CC to SRI SHARAD SANGHI Advocate IOPUCI 4. Two cD copies , , U. - VM/PSL HIGH COURT DATED: 0411212025 ORDER CRP.No.2905 of 2023 t -a THE S 2 I JAH 2g2$ * #{' DISMISSING THE CIVIL REVISION PETITION \