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1 - 9 of 9 (0.54 seconds)Dammalapati Satyanarayana And Ors. vs Datla Venkata Ramabhadra Raju @ D.V.R. ... on 29 March, 2006
In Dammalapari Satyanarayanana's case (5 supra), the
plaintiff therein filed suit for declaration of title and injunction
and a counter claim was filed for recovery of possession. In the
said suit, the defendants filed an application for appointment of
Advocate Commissioner for the purpose of localizing the suit
schedule property, with the help of competent Surveyor and to
undertake certain ancillary steps. In the said decision, a learned
Single Judge of the erstwhile High Court of Judicature, Andhra
Pradesh at Hyderabad, observed as follows:
Smt.P. Sreedevi vs Ivln Venkata Lakshmi Narsimha Prasad on 10 July, 2020
In P. Sreedevi's case (7 supra), a Division
Bench of this Court held that "when plaintiffs are claiming land
in Sy.No.85/1, a separate sub-division of Sy.No.85 and the
respondents are claiming land in Sy.No.85/2, a different sub-
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division in the same survey number, it was incumbent on the
part of the Court below to appoint an Advocate Commissioner
with the assistance of Surveyor for demarcation of the land and
it is part of the Court to direct investigation by appointing local
Commissioner under Order XXVI Rule 9 CPC". In VA Innova
Alloy Steel Tech.
Arvind Kumar Agarwal vs M/S. Legend Estates (P) ... on 14 November, 2014
6. Even though the learned counsel for the petitioner has
relied on the judgment in Arvind Kumar Agarwal's case (1
supra) to buttress her contention that in a suit for injunction,
Advocate Commissioner cannot be appointed but the learned
Single Judge at Para 3, has held as under:
Article 227 in Constitution of India [Constitution]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Haryana Waqf Board vs Shanti Sarup & Ors on 16 July, 2008
Haryana Wakf Board Vs. Shanti Sarup and other
(MANU/SC/7838/2008: (2008) 8 SCC 671: 2008 AIR SCW
2500) and Varala Ramachandra Reddy Vs. Mekala Yadi Reddy
and others (MANU/AP/0104/2010 : 2010 (4) ALD 198)."
Budarthi Janaki vs Sikha Krishna And Another on 22 September, 2022
In Budarthi Janaki's case (4 supra), the plaintiff therein
filed the suit for injunction in respect of house site admeasuring
263 sq.yards in Plot No.17 in Sy.No.805, situated at Paloncha
Revenue Village, Paloncha Town and in the said suit, the
defendants had taken a plea that Sy.No.805 was not in
existence and therefore, sought for appointment of Advocate
Commissioner to locate the schedule property with the help of
Mandal Surveyor. In that context, the learned Single Judge of
this Hon'ble Court held as under:
E Sanjeev Reddy, Adilabad vs M.A.Masood, Adilabad Dist on 9 September, 2019
In E. Sanjeeva
Reddy, Adilabad's case (6 supra), wherein this Hon'ble Court
observed that "there is no rule that an Advocate Commissioner
cannot be appointed before issues are framed or evidence is led
and relied upon".
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