partition suit - duty of advocate commissioner - the Commissioner is only directed to take the assistance of the surveyor and submit a report to the proposal for division of the properties and thereafter, it is the duty of the executing Court to pass such decree for allotment of the properties. But, it is needless to say the Commissioner cannot himself deliver possession of the properties without passing of the final decree.

THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO

CIVIL REVISION PETITION No.3 OF 2013

ORDER:-

The revision is filed against the order in I.A.No.1294 of 2010 in O.S.No.24 of 2006 on the file of the court of the Senior Civil Judge, Sangareddy.

Revision petitioner is the 3^rd defendant in the suit.  The suit for partition was filed and a preliminary decree was passed. I.A.No.1294 of 2010 was filed for appointment of a Commissioner for division of the properties.  The said petition was allowed and assistance of the surveyor was also given.  

The apprehension of the petitioner herein is that the learned Commissioner is making a division of the properties physically and allotment of the properties is duty of the Court after report is filed by the Commissioner. 

Therefore, the Commissioner is only directed to take the assistance of the surveyor and submit a report to the proposal for division of the properties and thereafter, it is the duty of the executing Court to pass such decree for allotment of the properties.  But, it is needless to say the Commissioner cannot himself deliver possession of the properties without passing of the final decree.

Accordingly, the Civil Revision Petition is disposed of. No costs.  Miscellaneous Petitions, if any, pending in this petition shall stand closed.

          _______________________________

JUSTICE N.R.L. NAGESWARA RAO

Date: 02.01.2013

INL