IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTH DAY OF APRIL TWO THOUSAND AND SEVEN PRESENT: THE HONOURABLE SRI JUSTICE: B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE: M.VENKATESWARA REDDY C.M.A. No. 2760 of 2004 Between: Shetty Chandrashekar S/o. Thammanna. Appellant AND 1. Shetty Suresh, S/o Chandrashekar, Occ: Business, Thandur, R.R. District 2. Shetty Ramesh, S/o. S. Chandrasekhar, Occ: Business, R/o. Tandur, Rangareddy District. 3. Shetty Shanthakumar S/o Chandrashekar, Occ: Business, R/o. Tandur, R.R. District 4. Shetty Baswaraj @ Basaiah, S/o Shantha Kumar, Occ: Business, R/o. Tandur, R.R.District 5. Shetty Nagesh, S/o Chandrashekar, Occ: Business, R/o. Tandur, R.R. District 6. Smt Madhavi W/o Kashinath, R/o 10-2/180-1, Anand Nagar, Gulbarga,Karnataka State 7. Smt Sridevi W/o P. Subash, R/o Tandur, R.R. District Respondents Appeal filed under Order 43, rule (1) of CPC., against the order of the Court of the Senior Civil Judge, Vikarabad passed in I.A. No. 481 of 2003 in O.S. No. 37 of 1995 dated: 14-07-2004; The appeal coming on for hearing upon perusing the Appeal and grounds filed herein and the order of the High Court dated: 13-08-2004 made in CMP. No. 13026 of 2004 and dated: 15-03-2007 made in CMAMP. No. 460 of 2007 and upon hearing the arguments of Sri M. Sivananda Kumar, Advocate for the Appellant and of Sri N. Vasudeva Reddy, Advocate for the respondent No. 2 and of Sri K.LN. Raghavendra Reddy, Advocate for the Respondents Nos. 6 and 7, the Court made the following ORDER: “Heard both sides. Having regard to the dispute as to whether there is any construction made or not and to what extent and when it was made, we deem it more appropriate to make a local inspection by appointing an Advocate Commissioner. Smt. K. Jayashree, Advocate, is appointed as a Commissioner to make the local inspection of the site and report accordingly as to the nature of construction made, when made and to what extent, and submit a report by 09-04-2007. The Advocate Commissioner’s fee is tentatively fixed at Rs. 3,000/-(Rupees three thousand only). Both sides shall pay Rs. 1,500/- (Rupees fifteen hundred) each to the Advocate Commissioner. Office to issue the warrant today itself and post on 09-04-2007”. Sd/- K. LAKSHMINARAYANA ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR ..2.. To 1. The District Judge, Ranga Reddy District at L.B. Nagar, Hyderabad 2. The Senior Civil Judge, Vikarabad R.R. District 3. Shetty Suresh, S/o Chandrashekar, R/o 5-4-120, Gunj, Thandur, R.R. District 4. Shetty Ramesh, S/o. S. Chandrasekhar, Occ: Business, R/o. Tandur, Rangareddy District. 5. Shetty Shanthakumar S/o Chandrashekar, Occ: Business, R/o. Tandur, R.R. District 6. Shetty Baswaraj @ Basaiah, S/o Shantha Kumar, Occ: Business, R/o. Tandur, R.R.District 7. Shetty Nagesh, S/o Chandrashekar, Occ: Business, R/o. Tandur, R.R. District 8. Smt Madhavi W/o Kashinath, R/o 10-2/180-1, Anand Nagar, Gulbarga,Karnataka State 9. Smt Sridevi W/o P. Subash, R/o Tandur, R.R. District 10. Smt. K. Jayashree, Advocate, Flat No. 002, Manohar Apartments, Vidya Nagar, Hyderabad-44, Phone No: 040-27619679 (BY SPECIAL MESSENGER with a copy of petition and grounds) 11. One CC to Sri M. Shivanand Kumar, Advocate, High Court of A.P., Hyderabad (BY SPECIAL MESSENGER) 12. Two Spare Copies. Ksv HIGH COURT Ksv Date of drafting: 05-04-2007 BPR.J & MVR J DATE: 05-04-2007 NOTE: POST ON 09-04-2007 ORDER CMA.M.P.NO. 461 OF 2007 IN C.M.A.NO. 2760 OF 2004 DIRECTON