Research › Search › Judgment

Andhra High Court · body

2024 DIGILAW 94 (AP)

Sanka Apparao S/o. Late Venkata Satya Rama Naga Durga Rao v. Kommisetty Rajeswari W/o. Malleswara Rao

2024-01-24

K.SREENIVASA REDDY

body2024
JUDGMENT : 1. This Civil Revision Petition has been filed against the order dated 10.02.2023 passed in I.A.No.322 of 2022 in O.S.No.489 of 2014 on the file of the Principal Senior Civil Judge at Tenali, Guntur District, whereby petition filed by the petitioner/plaintiff under Order XXVI Rule 9 of C.P.C. to appoint an Advocate Commissioner to examine the plaintiff/ petitioner in his house was dismissed. 2. The suit was filed for partition of schedule properties and other reliefs. Pending suit, the petitioner filed I.A.No.322 of 2022 to appoint Advocate Commissioner to record the plaintiff/ petitioner evidence at his residence on the ground that the petitioner is old aged person, underwent cataract operation to his both eyes and also suffering from blurred vision. It is also his case that his two sons are married and living away from him and he is living alone in his house and could not come to the Court due to eye vision problems. 3. Heard both sides. 4. Learned counsel for the petitioner reiterated the averments in the petition, in his arguments. 5. Sri N.Ravi Prasad, learned counsel appearing on behalf of the respondents fairly conceded the fact that the plaintiff is old aged and underwent cataract operation. Apparently, there is no objection on the part of the respondent counsel in appointing Advocate Commissioner to examine the plaintiff/petitioner herein. 6. In view of the said reasons, the Civil Revision Petition is allowed setting aside the impugned order. Consequently, I.A.No.322 of 2022 stands allowed. The Learned Principal Senior Civil Judge is directed to appoint Advocate Commissioner to record the examination of the plaintiff within a period of two (02) weeks from the date of receipt of copy of the order. Further the Principal Senior Civil Judge is directed to dispose of the pending suit as expeditiously as possible, preferably within a period of six (06) months from the date of receipt of copy of the order. As a sequel thereto, the miscellaneous petitions, if any, pending in this C.R.P shall stand closed.