1. Modem lylaiah v. 1. Barabari Gowtham

Petition under Section .,l51 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 LA No. l39812023 in O.S.No.1/2019, on the fite of the Honble Principal District Judge at Hanumakonda dt.23-11-2023 till the disposal of present C.R.P. lA NO: 1 OF 2024 Between:

1. Barabari Gowtham, S/o. Late Venkataswamy, Aged about 32 years, Occ. Private Employee, R/o.H.No.25-1'l-123 Bapujinagar, Kazipet, Warangal 2. Barabari Karthik, S/o. Late Venkataswamy, Aged about 34 years, Occ. Govt Employee. ....Petitioner/Respondent-3 AND

1. Modem lylaiah, S/o. Late Komuraiah, Aged about 60 years, Occ. Agriculture, 2. Modem Rajesh, (Died) per legal representative (for short L.Rs) 3. Modem Naresh, S/o.Modem llyaiah, Aged about 29 years, Occ. Employee 4. Modem Navya, Wo. Late M.Rajesh, Aged about 30 years, Occ. Household. 5. Modem Manogna, D/o.Late M.Rajesh, Aged about 8 years (Minor). 6. Modem Nihal, S/o Late M.Rajesh Aged about 4 years (Minor) (Petitioners No.5 and 6 being minors, represented by their mother and guardian, petitioner No.4).

7. Modem Veeralaxmi, Wo. M.Mohan, Aged about 53 years, Occ.Household. (All are R/o.H.No.24-4-87. Ambedkar Nagar, Darqa, Kazipet. Hanumakonda) (Petitioners No.4 to 7 are added as per ord-ers 29.0:g.2022 in l.A No.9g6/2022 as L.Rs of deceased second petitioners.) ... Respondents/Petitioners 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 vacate the granted by this Hon'ble court in cRp 376012023 on 05-01-2024, which is being extended time to time and extended on 27 -02-2024 and pass such other order orders as this Hon'ble court may deem fit and proper in the circumstances of the e'ase. lA NO: 2 OF 2024 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 extend the interim order daled 23-02-2024 passed in lA No. 1 ol 2023 in CRP No. 3760 of 2023. Counsel for the Petitioners : Sri. Narasimhulu, K.B Counsel for the Respondents : Sri S,A.V. Ratnam The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE P.SREE}SUDHA CML REVTSION PETITION No. 376O of 20123 ORDER: This Civil Revision Petition is filed aggrieved by the order, dated 23.1L.2O23, passed in I.A.No. 1398 of 2023 in O.S.No.O1 of 2Ol9 by the learned Principal District Judge at Hanumakonda

2. O.S.No.O1 of 2OI9 is filed by petitioners/plaintiffs for recovery of possession. I.A.No.1398 of 2023 was filed by petitioners against respondents/defendants for appointment of advocate-commissioner to locate and demarcate the suit schedule property. The trial Court dismissed the application. Aggrieved by the order of the trial Court, the petitioners herein filed the present Civil Revision Petition.

3. Heard both sides. Perused the record.

4. Learned counsel for petitioners contended that petitioners herein filed a suit in O.S.No.O1 of 2Ol9 for recovery of possession against respondents for the land situated in Sy.No.5/B (new), Sy.No. 18 (old), situated in Kazipet Jagir 2 Village and the sarne was occupied by respondents. It is stated that grandfather of petitioner No.3 was owner and pattedar of the land and Sy.No.19lA (old) and Sy.No.S/B (new) to an extent of O.14 guntas and he sold an extent of O.O3 guntas in favor of one Sripathi Venkatesham and old well in an extent of 1 guntas and thus the grandfather of petitioner No.3 was in possession of remaining 1O guntas of land. Respondents interfered with their possession. Petitioners Iiled O.S.No.lO74 of 2015 for injunction and later they have withdrawn the same and filed the suit for recovery of possession. As there is a serious dispute regarding location, the existence of the survey numbers in which the suit schedule property is situated, they filed I.A.No. 1398 of 2O23 to appoint an Advocate Commissioner to inspect the suit schedule property, the suit survey number and to demark the suit schedule propert5r with the help of Mandal surveyor, but the petition was dismissed on the ground that application is frled not regarding the identity of land but regarding existence of the land. Therefore, requested the Court to set aside the order of the trial Court. -7 \ \ 3

5. O.S.No.O1 of 2019 is filed for recovery of possession land in Sy'No'S/B' regarding the 10 guntas of Respondents/defendants stated that they acquired the property thrbugh the gift deed dated 01.09.2015 executed by their mother. During the pendency of the suit, an application is filed by plaintiffs for appointment of Advocate Comririssioner to locate and demarcate the suit schedule property with the help of Mandal surveyor. In a counter filed by respondents, they stated that initial 6. burden is on the plaintiffs to establish their title and entitlement to seek relief and they cannot be shifted to the shoulders of the Commissioner and it amounts to coltectidn of evidence or gathering evidence. As there is serious dispute regarding the ownership, location, identity of the property, Advocate Commissioner cannot be appointed.

7. The trial Court relied upon several citations. In this case, the very existence of the suit schedule property is in dispute and it can be easily asserted by appointing the Advocate Commissioner with the assistalce of Mandal Surveyor I / 4 for survey of land. The trial Court without appreciating the facts properly dismissed the application and the same is liable to be set aside.

8. In the result, this Civil Revision Petition is allowed by setting aside the order of the tria-l Court dated 23.11.2023, passed in I.A.No. 1398 of 2023 in O.S.No.O1 of 2OI9. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. To, Sd/. MOHD. ISMAIL ASSISTANT REGISTRAR //TRUE COPYII ECTION OFFICER \ - The Principal District Judge at Hanumakonda. . One CC to SRt. NARASTMHULU, K.B, Advocate IOPUC] . One CC to SRl. S A V RATNAM, Advocate IOPUCI . Two CD Copies h 1 2 3 4 LtgD 6 HIGH COURT DATED:03/0112025 ( OROER CRP.No.3760 ot 2023 o c:) o (trf- s14 ,6: 2 U 70ll5 I c ALLOWNG THE C.R.P. @ofi4 H{-