IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CIVIL REVISION PETITION NO: 5275 OF 2018 Petition under Article 227 of the Constitution of India, Civil Revision Petition aggrieved by the order dt.23-04-2018 in IAN0.83 of 2018 in O.S. No. 470 Of 2015 on the file of the court of the II Additional Junior Civil Judge, Guntur Between: Lankapalli Rajendra Nehru, S/o. Gopal Rao, Aged about 50 years Occ Driver, R/o Dr.No. 8-10-116/1, 1st line Mothilal nagar, Guntur. ...PETITIONER AND 1. Emani Naga Bullemma, W/o Verna Reddy, R/o Dr. No. 17-72, water Tank Road, Nambur village, Guntur District. 2. Emani Baji Reddy, S/o Verna Reddy, aged about 37 years, Occ Pvt. Employee, R/o Dr. No. 17-72, water Tank Road, Nambur village, Guntur District. ...RESPONDENTS lA NO: 1 OF 201« 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. 470 Of 2015 on the file of the court of the II Additional Junior Civil Judge, Guntur, pending disposal of the civil revision petition i Coujnsel for the Petitioner : SRI SASANKA BHUVANAGIRI Counsel for the Respondents : SRI PRASADA REDDY NANDIGALA The Court made the following ORDER : £ 1 APHC010675762018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3365] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CIVIL REVISION PETITION NO: 5275/2018 Between: Lankapalli Rajendra Nehru ...PETITIONER AND Emani Naga Bullemma and Others Counsel for the Petitioner: ...RESPONDENT{S) 1.SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1.PRASADA REDDY NANDIGALA 2 4 THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CIVIL REVISION PETITION NO: 5275/2018 The Court made the following Order: Heard learned counsel on both sides 2. Perused the record. 3. O.S.No.470 of 2015 on the file of II Additional Junior Civil Judge, Guntur prays to declare the title and grant recovery of possession of immovable properties. 4. The plaint is premised that the defendant encroached a part of the property that belongs to the plaintiff. Whether any extent of property is encroached or not is matter for evidence. However to ascertain how much extent was encroached is a fact to be determined. It has always been the law that the extent of encroachment if any can never be established or determined through oral evidence and it all requires somebody’s presence to measure it. Perhaps, having in mind, the plaintiff moved a petition Under Order XXVI Rule 9 and Section 151 of CPC. After due hearing, the trial Court dismissed it stating that, the plaintiff/petitioner intended to take measurements of properties that belong to 3'^'^ parties were sought to be measured. 3 05. The reasons mentioned by the Court below are to assailed in this revision. However, such dismissal of the petition would still leave the trial Court keep guessing as to what exactly is the encroached portion if any. In the event of requirement to take measurements of lands belonging to parties who parties to the suit, the petitioner/plaintiff has to make are not appropriate submissions before the trial Court giving all the details and praying for necessary directions to the Commissioner to notices on 3'^'^ parties as well as parties to the proceedings thereafter execute the warrant. serve and 06. Therefore, without stating anything about the rights duties of the parties before this Court, the plaintiff/petitioner i: granted liberty to move appropriate application in the Court below seeking appointment of Commissioner appropriate opportunity to both sides to submissions, the Court below shall dispose accordance with law. and IS and after granting advance their of the same in With these observations, this revision is disposed of. There shall be no order as to costs. 4 / As a sequel, Interlocutory applications, if any, pending shall stand closed. SD/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// sectTon officer To, 1. The II Additional Junior Civil Judge, (Junior Division) Guntur 2. One CC to Sri. Sasanka Bhuvanagiri Advocate [OPUC] 3. One CC to Sri. Prasada Reddy Nandigala Advocate [OPUC] 4. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi 5. THREE CD COPIES Mkp TAC HIGH COURT DATED :26/03/2025 ORDER CRP.No.5275 of 2018 AND«^ K 09 APR 2025 Current Section . DISPOSING THE CRP WITHOUT COSTS