When there is serious dispute with regard to the identity of the properties, Advocate Comissioner can be appointed to localize the properties

 2024(1) THCR

 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD 

Civil Revision Petition Nos.1111 and 1112 OF 2020 

Decided On 22.01.2024 CRP.No.1111 OF 2020 

G. Surender Reddy V. Smt. M. Lakshmi & 2 others C

Order 39 R.1 & 2 CPC – The Trial Court granted temporary injunction in respect of plot No.25 A – Defendants preferred CMA No. 53/2019 – D2 in O.S No. 125/2019 filed O.S.No. 74/2019 – D2 also filed IA.No. 87/2019 under order 39 R.1 & 2 CPC in respect of plot No. 41 – That IA was dismissed on merits – Plaintiff in OS.No. 74/2019 preferred CMA No. 52/2019 – The appellate Judge by common order in CMA Nos.52 & 53/2019 dated 23/3/2020 appointed an advocate commissioner to localize the properties and also to measure the plots – Plaintiff in O.S No. 125/19 & D3 in O.S.No. 74/2019 filed the present CRPs. 

 The Court held that on comparison of the schedules of properties in both the suits, there is difference and variation in extent, Sy.No, name of the colony and plot number. Thus there is serious dispute with regard to the identity of the properties. Whenever there is a dispute regarding boundaries or physical features or any allegation of encroachment, the facts have to be physically verified, because the 2024(1)THCR 661 recitals of the documents may not reveal the facts, as such measuring the land on the spot by the surveyor may become necessary. CRPs are dismissed. (Para