JAYALAKSHMI CONSTRUCTION HYDRABAD Vs. NAWAB BEHBOOB ALI KHAN
LAWS(APH)-2005-12-42
HIGH COURT OF ANDHRA PRADESH
Decided on December 05,2005

JAYALAKSHMI CONSTRUCTIONS, HYDERABAD Appellant
VERSUS
NAWAB BEHBOOB ALI KHAN Respondents


Referred Judgements :-

O.D. HARRY AND OTHERS V. G. KRISHNA AND OTHERS [REFERRED TO]
BONGU RAMULU VS. GUDUR NARENDER REDDY [REFERRED TO]
KALANDI SWAIN VS. BRAJA KISHORE DASS [REFERRED TO]
SUBAL KUMAR VS. PURNA CHANDRA [REFERRED TO]



Cited Judgements :-

SABEER AHMED VS. SHAMSHAD BEGUM [LAWS(APH)-2006-6-87] [REFERRED TO]
SHABEER AHMED VS. SHAMSHAD BEGUM [LAWS(APH)-2007-6-16] [REFERRED TO]
MENDU SATHI REDDY AND ORS. VS. MENDU MADHUSUDAN REDDY [LAWS(APH)-2015-11-11] [REFERRED TO]


JUDGEMENT

- (1.)Both these revision petitions can be disposed of together since identical questions of law and fact are involved and as the parties are same.
(2.)Two applications were filed seeking appointment of Commissioner in two suits pending adjudication between the parties inter se in the same Court. By means of an identical order although passed separately in two separate petitions, the Court below appointed a Commissioner to note down the physical features of the suit schedule mentioned properties with a direction to draw a rough sketch and to take photographs, if necessary.
(3.)The orders appointing Commissioner in both the applications are now being sought" to be assailed solely on the premise that such an appointment would tantamount to fishing in evidence. The suits in between the parties appear to have been filed seeking the relief of perpetual injunction. In the concomitant petitions filed, the parties sought for temporary injunctions. When those applications had been coming up for enquiry and adjudication, separate petitions were filed seeking appointment of a Commissioner.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.