IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND SEVEN : PRESENT : THE HON’BLE SRI JUSTICE : B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE : G.BHAVANI PRASAD CIVIL MISCELLANEOUS APPEAL NO. 777 AND 715 OF 2007 CMA. NO. 777 OF 2007: Appeal under Section 43 Rule 1 (X) of CPC, against the order of the Court of the III Additional District Judge, Guntur, made in I.A. No. 1218 of 2004 in O.S. No. 97 of 2004, dated: 13-06-2007. Between: 1. Namana Saikrishna Prasad S/o Venkateswarlu 2. Namana Lakshminarayana S/o Venkateswarlu .. Appellants AND 1. Smt. Thoka Sobharani W/o Sambasivarao, R/o. 1st Lane, Vidyanagara, Guntur 2. Namana Vijaya Venkatapparao S/o Venkateswarlu 3. Manthri Saibabu S/o Peda Koteswara Rao 4. Gouru Chandrasekhar S/o Masthan Rao 5. Manthri Venkateswara Rao S/o Sriramulu 6. Manthri Harikrishna S/o Sriramulu (Respondents No.2 to 6 are not necessary parties) .. Respondents FOR THE APPELLANTS : SRI V.S.R.ANJANEYULU FOR THE RESPONDENT No.1 : SRI CH.DHANAMJAYA MACMAMP. NO. 715 OF 2007: Appeal under Section 43 Rule 1 of CPC, against the order of the Court of the III Additional District Judge, Guntur, made in I.A. No. 1218 of 2004 in O.S. No. 97 of 2004, dated: 13-06-2007; Between: Thokala Sobharani W/o Sambasiva Rao Appellant AND 1. Namana Saikrishna Prasad S/o Venkateswarlu, R/o Mathrivari Street, Sangadigunta, Guntur 2. Namana Vijaya Venkatapparao S/o Venkateswarlu, R/o Mathrivari Street, Sangadigunta, Guntur 3. Namana Lakshminarayana S/o Venkateswarlu, R/o Mathrivari Street, Sangadigunta, Guntur 4. Manthri Saibabu S/o Peda Koteswara Rao, R/o Mathrivari Street, Sangadigunta, Guntur 5. Gouru Chandrasekhar S/o Masthan Rao, R/o Mathrivari Street, Sangadigunta, Guntur 6. Manthri Venkateswara Rao S/o Sriramulu, R/o Mathrivari Street, Sangadigunta, Guntur 7. Manthri Harikrishna S/o Sriramulu, R/o Mathrivari Street, Sangadigunta, Guntur FOR THE APPELLANT : SRI CH.DHANAMJAYA FOR THE RESPONDENT NO.1 & 3 : SRI V.S.R.ANJANEYULU FOR THE RESPONDENT NO.5 : SRI VIJAYA KIRAN PADALA The Court made the following ORDER : “Heard both sides. Since the question involved in these two matters is with regard to the possession apart from the fact that there are several structures raised, vis-à-vis that the agricultural operations have been carried on, we deem it more appropriate that the report may be called for by making a local inspection through the Commissioner appointed. In view of the same, lower Court is directed to appoint an Advocate Commissioner to make a local inspection of the entire suit schedule property and report on the physical features as existing on the entire property. It shall be open for both sides to file their work memos. It is further make it clear that the entire expenses towards the Commissioner’s appointment and the process, shall be borne by the plaintiff. The lower court is at liberty to fix all the terms. Post this matter after receipt of the report.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The III Additional District Judge, Guntur 2. Namana Saikrishna Prasad S/o Venkateswarlu, R/o Mathrivari Street, Sangadigunta, Guntur 3. Namana Vijaya Venkatapparao S/o Venkateswarlu, R/o Mathrivari Street, Sangadigunta, Guntur 4. Namana Lakshminarayana S/o Venkateswarlu, R/o Mathrivari Street, Sangadigunta, Guntur 5. Manthri Saibabu S/o Peda Koteswara Rao, R/o Mathrivari Street, Sangadigunta, Guntur 6. Gouru Chandrasekhar S/o Masthan Rao, R/o Mathrivari Street, Sangadigunta, Guntur 7. Manthri Venkateswara Rao S/o Sriramulu, R/o Mathrivari Street, Sangadigunta, Guntur 8. Manthri Harikrishna S/o Sriramulu, R/o Mathrivari Street, Sangadigunta, Guntur 9. Smt. Thoka Sobharani W/o Sambasivarao, R/o. 1st Lane, Vidyanagara, Guntur (Addressees 2 to 9 BY RPAD) 10. One CC to Sri Ch.Dhanamjaya, Advocate (OPUC). 11. One CC to Sri V.S.R.Anjaneyulu, Advocate (OPUC) 12. Two Spare Copies HIGH COURT AB DRAFTED ON 31-10-2007 BPRJ & GBPJ DATE: 30-10-2007 ORDER CMA. NOS. 777 AND 715 OF 2007 DIRECTION