THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Contempt Case No.1748 of 2009 ORDER: This contempt case is filed alleging that the respondents have violated the orders of this Court, dated 19.08.2009 in C.R.P.Nos.3763 & 3850 of 2009. It is alleged that despite the orders of this Court, the respondents are making construction over the suit site. Head the learned counsel for the petitioner and the learned counsel for the respondents. Except the first respondent, all other respondents have appeared. A perusal of the plaint schedule discloses that it is in H.No.7-1-193/32 (New no. 4-3- 391) with open place of 120 X 22 feet. The boundaries are also mentioned as East-nala, West- house and open place of defendants, North-house of Turab and South-house of Vithal Rao. While the petitioner alleges that the construction is being made within the suit schedule property, the respondents flatly deny the same. This Court is of the view that the trial Court can get the matter verified by appointing a Commissioner. Therefore, the contempt case is closed by directing that the trial Court shall appoint an Advocate- Commissioner with a direction to verify as to whether the construction being undertaken by the respondents is within or outside the suit schedule property. If it emerges that the construction is outside the suit schedule property, it shall be open to the respondents to proceed with the same. On the other hand, if it is found to be within the suit schedule property, they shall forthwith stop the construction. There shall be no order as to costs. __________ 26.02.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Contempt Case No.1748 of 2009 Date: 26.02.2010 JSU