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Sikha Krishna vs Budarthi Janaki on 28 November, 2023 cites

M/S Adarsh Constructions, Hyderabad ... vs Qamaarunnissa Begum, Hyderabad Anr on 26 April, 2022

10. It is well settled law that in a suit for perpetual injunction, the issue that falls for consideration is in regard to the possession of the suit property and that the burden is on the plaintiff to establish his/her case by adducing necessary oral/documentary evidence and it is not for the defendants to disprove the case of the plaintiffs. By placing reliance on a decision of this Court in Adarsh Constructions, Hyderabad v. Qamaarunnissa Begum 1, the learned counsel for the revision petitioners contends that there is no absolute bar for appointment of Advocate- Commissioner in a suit for injunction simplicitor. The facts in the said decision are on a different footing. In that case, the Advocate-Commissioner was appointed to localize the schedule A & B properties and also to localize the property covered by the registered sale deed, dated 1 2022 (3) ALT 662 (TS) 8 20.08.1965.
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