THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Civil Revision Petition No. 5742 of 2010 Order: This CRP is directed against the order dated 12.11.2010 passed in I.A. No. 6 of 2008 in O.S. No. 1511 of 2006 by the Principal Junior Civil Judge, Warangal. The petitioners herein are the defendants 15 and 16 before the lower Court. The first and second respondents herein filed a suit for partition in O.S. No. 1511 of 2006 on the file of the Principal Junior Civil Judge, Warangal. It appears that the petitioners herein were set ex parte and they did not contest the said suit. The lower Court, by observing that though it is stated in the plaint that some of the land is in the possession of the defendants 7 to 14 and the other part of the land is in possession of the defendants 15 to 18, but the plaintiffs failed to file the schedule of the properties showing the extent of land actually in the possession of each defendant i.e., defendants 7 to 18. Thus, it appears that on technical grounds it was held that the plaintiffs are not entitled for the relief of recovery of possession. However, the plaintiffs entitlement to the shares in the suit schedule property has been decided. However, the respondents 1 and 2 herein, who are the plaintiffs, filed I.A. No.6 of 2008, under Order XXVI Rule 13 read with Section 151 CPC praying to appoint an advocate-commissioner to measure, demarcate and fix the boundaries and allot the shares to the parties. The lower Court allowed the said application. Aggrieved by the same, the present revision petition has been filed. It has to be seen that in a suit for partition, only a preliminary decree has been passed by the lower Court and final decree is yet to be passed in the suit. Thus, the suit is at the stage of passing final decree. In view of the same, it appears that there is no illegality or irregularity in the order passed by the lower Court. Considering the scope of the revision, I am of the view that there is no illegality or irregularity in the order passed by the lower Court. In the circumstances, the revision petition is dismissed. No costs. ______________________ B. CHANDRA KUMAR, J. Date: 10.06.2011 Nsr