IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY THE FIFTH DAY OF MARCH TWO THOUSAND AND NINE : PRESENT: THE HON’BLE SRI JUSTICE: B. PRAKASH RAO AND THE HON`BLE SRI JUSTICE: G. BHAVANI PRASAD C.M.A. No. 121 of 2009 Between: Mohd. Nawaz Hussain, S/o. Mohs. Abbas Hussain. Appellant AND 1. Mohd. Afzaluddin Ahmed, S/o. Rafiduddin Ahmed, Occ: Business, R/o. H. No. 12-2-336/C, Murad Nagar, Santosh Nagar, Hyderabad. 2. Mohd. Yousufuddin, S/o. Naseeruddin, Occ: Business, R/o. 19-3-1090, Falaqknuma, Hyderabad. 3. Mrs. Arshiya Akhtar, W/o. Mohd. Yousfuddin, Occ: Household, R/o. 19-3- 1090, Falaknuma, Hyderabad. Respondents Whereas Appeal under Order 41 Rule 1 of CPC against the order dated: 20- 01-2009 made in I.A. No. 4887 of 2008 in O.S. No. 699 of 2008 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad; And Whereas the Court upon perusing the grounds of the appeal and upon hearing the arguments of Sri P. Sri Raghuram, Advocate for the Appellant and of Sri Vedula Srinivas, Advocate for the respondents, made the following ORDER: “Heard both sides. The appellant is the plaintiff whereas the respondents are the defendants in O.S. No. 699 of 2008. The appellant is the claiming the property stated to be House No. 18-8-221/10/1 situated at Riyasath Nagar, Hyderabad whereas the claim of the defendants is in respect of house bearing No. 18-8-221/9 situated at Riyasath Nagar, Hyderabad. The Court below has gone into the relevant documents and sale deeds filed by both the parties while passing the impugned order, a perusal of which shows that there is a dispute as to the very entitlement of the property. Therefore, we thought it appropriate to appoint an Advocate Commissioner for making local inspection of the suit schedule property to assist the Court in coming to a proper conclusion. In view of the same, Miss. Anjali Agarwal, R/o. House No. 21-7-443, Shakkar Kota, Charkaman, Hyderabad-2, is appointed as an Advocate Commissioner to make local inspection of the suit schedule property, which was claimed by both parties. Both the parties are entitled to file their work memos before the Advocate Commissioner and they shall appear before the Advocate Commissioner and assist her. She shall submit a report within a period of two (2) weeks. The Advocate Commissioner’s fees is tentatively fixed at Rs. 5,000/-. Post after two (2) weeks”. SD/-U.S.SARMA ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The III Additional Chief Judge, City Civil Court, Hyderabad. 2. Mohd. Afzaluddin Ahmed, S/o. Rafiduddin Ahmed, Occ: Business, R/o. H. No. 12-2-336/C, Murad Nagar, Santosh Nagar, Hyderabad. 3. Mohd. Yousufuddin, S/o. Naseeruddin, Occ: Business, R/o. 19-3-1090, Falaqknuma, Hyderabad. 4. Mrs. Arshiya Akhtar, W/o. Mohd. Yousfuddin, Occ: Household, R/o. 19-3- 1090, Falaknuma, Hyderabad. (ADDRESSEES 2 TO 4 BY RPAD) 5. Miss. Anjali Agarwal, R/o. House NO. 21-7-443, Shakkar Kota, Charkaman, Hyderabad-2. (BY SPECIAL MESSENGER with a copy of petition and all the material papers) 6. One CC to Sri P. Sri Raghuram, Advocate (OPUC) 7. One CC to Sri Vedula Srinivas, Advocate (OPUC) 8. One spare copy. Ksv HIGH COURT BPRJ & GBPJ DATE: 05-03-2009 NOTE: POST AFTER TWO (2) WEEKS CMA.NO. 121 OF 2009 DIRECTION