1 HN, J C.R.P.No.2404_2019 APHC010254912019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 2404/2019 Between: 1. BODDU VENKATA SURYA SATYA JAGANNADHA RAO, S/O. SURYANARAYANA, HINDU, MALE, AGED ABOUT 37 YEARS, OCC. EMPLOYEE. R/O. PLOT NO. 131/A, 1ST FLOOR, MALLAREDDI COLONY, BEERAMGUDA, HYDERABAD-TELANGANA STATE, HYDERABAD CCC.(ADDED AS D2 IN THE SUIT AS PER ORDERS IN I.A.NO. 658/2010) 202032 ...PETITIONER AND 1. MADIVADA DHANALAKSHMI, W/O. RAMPRASAD, HINDU FEMALE, AGED 52 YEARS, HOUSEWIFE, R/O. HIG- 131, PHASE-I AND 2, K.P.H.B.COLONY, HYDERABAD - 72 TELANGANA STATE, HYDERABAD CCC. 2. ADDEPALLI SATYANARAYANA RAJU, (DIED) (D1) 3. ADDEPALLI GANGABHAVANI, (D3) W/O. LATE SATYANARAYANA HINDU, FEMALE, AGED 51 YEARS, R/O. D.NO. 4-155, PANCHAYAT STREET, BOMMURU VILLAGE, RAJAMAHENDRAVARAM. 4. PENUMATSA SATYA SWATHI, (D4) W/O. VIJAYA RAMA RAJU HINDU, FEMALE, AGED 29 YEARS, HOUSEWIFE, R/O. D.NO. 1-6, MARRIVEEDU, E.G.DIST. 5. SMT VETUKURI GEETHA, (D5) W/O. V.S.S.NAGAVARAM, HINDU, FEMALE, AGED 27 YEARS, HOUSEWIFE, R/O. D.NO. 1-73, 2 HN, J C.R.P.No.2404_2019 SIVALAYAM STREET NAGARAM VILLAGE AND MANDAL ...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toto set aside the order Dt. 03.06.2019 (Third Day of June, Two Thousand Nineteen) and made in 1.A.No.303./2019 in I.A.No.1271/2016 in O.S.No.238/2009 by the 1st Addl. Senior Civil Judges' Court, Rajamahendravaram, E.G.Dist., and thus allow LA. No. I.A. No.303./2019 in I.A.No.1271/2016 in O.S.No.238/200 filed for re-entrustment of Warrant to the same Commissioner Appointed in I.A.No.1271/2016 in O.S.NO.238/2009 with costs althrough in the ends of justice. IA NO: 1 OF 2019 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 grant stay of Trial and further proceedings in O.S.No.238/2009 on the file Hon'ble 1st Addl. Sr Civil Judges' Court, Rajamahendravararn, E.G.Dist. IA 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 pleased to extend the interim order from 14-02-2020 till further orders of the court in IA.No.01/2019 in CRP.No.2404/2019, pending disposal of main CRP in the ends of justice and pass Counsel for the Petitioner: 1. C VENKAIAH Counsel for the Respondent(S): 1. M VENKATA RAMANA REDDY 3 HN, J C.R.P.No.2404_2019 ORDER: 1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2. The petitioner is aggrieved by the order passed in I.A.No.303 of 2019 in I.A.No.1271 of 2016 in O.S.No.238 of 2009 on the file of the I Additional Senior Civil Judge Court, Rajamahendravaram, has dismissed the I.A. filed by the petitioner. The respondents had filed I.A.No.1271 of 2016 seeking appointment of an Advocate Commissioner to measure Plot Nos.26 and 27 and to fix boundaries as per the layout under Ex-A3. It is submitted that the Advocate Commissioner was appointed vide the order dated 15.06.2017. 3. The learned counsel appearing for the petitioner submits that the Commissioner submitted his report without annexing a copy of the survey conducted and observed that there are only two plots existing on the ground, measuring 40 feet each, with reference to Ex.A3, and that they are identified as Plot Nos.25, 26 and 27. It is further submitted that the layout categorically shows Plot Nos.25, 26 and 27 on the same lane. 4. The Advocate Commissioner ought to have clarified the area related to Plot No.25 as well, and only for seeking such clarification, the petitioner filed I.A.No.303 of 2019 seeking re-entrusting of the warrant of commission to the same Commissioner. 5. It is submitted that the learned Judge dismissed the petition on the ground that the Commissioner had submitted his report and that the 4 HN, J C.R.P.No.2404_2019 petitioner/defendant had filed his objections to the Commissioner’s report, and as such, the re-entrustment of the warrant would not arise. 6. The learned counsel appearing for the respondents submits that the Commissioner executed the warrant in pursuance to the directions of the Court, and the scope of execution of the warrant is categorically mentioned in the order dated 15.06.2017. The Commissioner cannot go beyond the scope of the suit, and therefore, the prayer of the petitioner seeking re- entrustment of the warrant to identify and fix boundaries of Plot No..25 by referring to the petitioner’s sale deed. 7. Perused the record. 8. As seen from the order dated 15.06.2017, the Commissioner was required to localize and fix boundaries to Plot Nos.26 and 27 based on Ex.A3 and the sale deeds of the rival parties with the help of the Mandal Surveyor. 9. The order of the Court is clear that the Commissioner ought to have localized the plot belonging to the petitioner as well. The suit for declaration of title is pending adjudication, and the allegation of the petitioner having encroached upon Plot No.26 is required to be decided by the trial Court after a full-fledged trial. The Commissioner’s report would aid the Court in adjudicating the suit in a just of proper manner. As such, this Court finds that the Commissioner ought to be re-entrusted by the warrant of commission for demarcating the property of the petitioner by referring to the 5 HN, J C.R.P.No.2404_2019 sale deed of the petitioners as well. The Commissioner shall have to complete the demarcation of the property of the petitioner with the assistance of the Mandal Surveyor as per the orders of the Court. 10. On these considerations, the impugned order is set aside and the Civil Revision Petition is allowed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:04.12.2025 NKA 6 HN, J C.R.P.No.2404_2019 9 THE HONOURABLE SRI JUSTICE HARINATH.N CIVIL REVISION PETITION NO: 2404 of 2019 Date: 04.12.2025 NKA