APHC010554642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3163] THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CIVIL REVISION PETITION No.2799 of 2025 Between: 1. SHAIK LAL AHMED, S/O ABDUL JALEEL, AGED ABOUT 80 YEARS, R/O. 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 2. MOHAMMAD RAFI, S/O ABDUL JALEEL, AGED ABOUT 63 YEARS, R/O. 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. ...PETITIONER(S) AND 1. NOORJHAHAN, W/O MOHAMMAD SHARIF, AGED ABOUT 60 YEARS, R/O 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 2. MOHAMMAD AFSER HUSSAIN, S/O MOHAMMAD SHARIF, AGED ABOUT 35 YEARS, R/O 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 3. SHAMSHUNNISA, S/O MOHAMMAD SHARIF, AGED ABOUT 33 YEARS, R/O 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 4. SHAZADI (DIED) 5. SHAMEEMUNNISA (DIED) 2 CMR,J C.R.P.No.2799 of 2025 6. MOHAMMAD MUSTAFA, S/O S.M.KHASIM, AGED ABOUT 40 YEARS, R/O 16-16-250, ALI NAGAR, FIRST LANE, NEAR SATYANARAYANA SWAMY TEMPLE, OLD GUNTUR, GUNTUR DISTRICT. 7. SYED FAREED BASHA, S/O SYED RASOOL, AGED ABOUT 68 YEARS, ASIAN CELL SHOWROOM, R/O 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 8. K. RAVI BABU, S/O VENKATA KRISHNA VARMA, AGED ABOUT AGED 81 YEARS. MYTRI BOOK SHOP, R/O. 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 9. SK. KARIMULLAH, S/O SK.JANI, AGED ABOUT 63 YEARS, R/O 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 10. G.RAJESH, S/O VENKATESH RAO, AGED ABOUT 47 YEARS, R/O 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 11. SAI KRISHNA @ CHINNA, S/O PAIDIYA, AGED ABOUT 50 YEARS, R/O 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 12. YASMEEN SULTANA, D/O MOHAMMED JIKRIA, AGED ABOUT 35 YEARS, R/O 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 13. MOHAMMAD HUSSAIN, S/O MOHAMMED JIKRIA, AGED ABOUT 40 YEARS, R/O 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 14. MUNEERUNNISA, W/O MOHAMMED NAZEER, AGED ABOUT 62 YEARS, R/O 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 15. MOHAMMED JEELAN HUSSAIN, S/O MOHAMMED NAZEER, AGED ABOUT 28 YEARS, R/O 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 16. ABDUL JALEEL, S/O MOHAMMED NAZEER, AGED ABOUT 3 CMR,J C.R.P.No.2799 of 2025 25 YEARS, R/O 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 17. MOHAMMED AZMATH HUSSAIN, S/O MOHAMMED NAZEER, AGED ABOUT 23 YEARS, R/O 28-9-1, JALEEL STREET, ARUNDALPET, VIJAYAWADA. 18. SHAIK BASHA, S/O MASTAN, AGED ABOUT 40 YEARS, 1-6-30/2, WARD NO.A/47, RAILPET. BAPTLA, GUNTUR DISTRICT. 19. SHAIK SHAABEEBUNNISA, D/O SHAIK BASHA, AGED ABOUT 18 YEARS # 1-6-30/2, WARD NO.A/47, RAILPET, BAPTLA, GUNTUR DISTRICT. 20. SHAIK MASTAN, S/O SHAIK BASHA, AGED ABOUT 16 YEARS, # 1-6-30/2, WARD NO.A/47, RAILPET, BAPTLA, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. J.V.PHANIDUTH Counsel for the Respondent(S): 1. V.V.L.N.PURNESH The Court made the following: 4 CMR,J C.R.P.No.2799 of 2025 THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CIVIL REVISION PETITION No.2799 of 2025 O R D E R: Assailing the order dated 16.09.2025 passed in I.A.No.903 of 2025 in O.S.No.22 of 2020 on the file of the learned VII Additional Senior Civil Judge, Vijayawada, whereby the petition filed by some of the defendants in the suit to appoint an Advocate Commissioner for physical verification of the suit schedule property and to take measurements of the same with the help of an authorized surveyor was dismissed, the instant revision petition has been filed. 2. Heard learned counsel for the petitioners and learned counsel for respondent Nos.1 to 3. 3. The petitioners are defendant Nos.1 and 9 in O.S.No.22 of 2020 on the file of the learned VII Additional Senior Civil Judge, Vijayawada. The suit was filed against them and other defendants by respondent Nos.1 to 3 herein for partition of the plaint schedule property. It includes a house property also. According to the defendants, the said house property is not capable of division. Therefore, they have filed the above petition seeking appointment of an Advocate Commissioner to take measurements of the suit schedule property after physically verifying the same, in order to ascertain whether it is physically divisible on ground or not. 4. The trial Court dismissed the said petition by the impugned order. The trial Court held that at this stage, there is no need to appoint an Advocate Commissioner to take measurements of the house property and file his report. The trial Court clearly held that if the suit is decreed and a preliminary decree is passed, then the plaintiffs have to 5 CMR,J C.R.P.No.2799 of 2025 file an application for final decree and in the said final decree proceedings, the Court will appoint an Advocate Commissioner for division of the property. 5. This Court finds no legal flaw or infirmity in the impugned order of the trial Court. At the time of trial of the suit, there is no need to take measurements of the property to ascertain whether it is divisible or not. If it is found that the said house property is the joint property of the plaintiffs and the defendants and if a preliminary decree is passed in the suit, then in the final decree proceedings, the Court will appoint an Advocate Commissioner for division of the property. Partition Act also will be applied for the purpose of division of the property. Therefore, the trial Court has rightly dismissed the petition, which is filed at the fag end of the trial of the suit. No valid legal ground is emanating from the record warranting interference with the impugned order of the trial Court. 6. Therefore, the civil revision petition is dismissed, affirming the impugned order of the trial Court. As a sequel, interlocutory applications, if any pending, in this case shall stand closed. There shall be no order as to costs. ________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 08.01.2026 IBL 6 CMR,J C.R.P.No.2799 of 2025 THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CIVIL REVISION PETITION No.2799 of 2025 Dt: 08.01.2026 IBL