- (1.) This revision under Article 227 of the Constitution of India by the unsuccessful respondent/defendant is directed against the order dated 23.08.2012 of the learned Junior Civil Judge, Alamuru of East Godavari District passed in I.A.No.455 of 2010 in O.S.no.46 of 1995 filed under Order XX Rule 12 read with Section 151 of the Code of Civil Procedure, 1908 ('the Code', for brevity).
(2.) I have heard the submissions of the learned counsel for the revision petitioner/defendant ('the defendant', for brevity) and the learned counsel for the respondents/plaintiffs ('the plaintiff', for brevity). I have perused the material record.
(3.) The facts necessary for consideration, in brief, are as follows: The plaintiffs had obtained a preliminary decree in O.S.no.46 of 1995 filed for partition of the plaint schedule properties. An appeal in A.S.no.14 of 2001 preferred by the defendant was dismissed confirming the preliminary decree and judgment in O.S.no.46 of 1995. The plaintiffs/ preliminary decree holders had filed an application for passing a final decree and sought for appointment of an Advocate Commissioner to conduct an inquiry and determine the mesne profits as per the terms of the preliminary decree. The trial Court, by the order impugned had appointed an Advocate Commissioner to conduct an inquiry and determine the mesne profits as per the terms of the preliminary decree. Aggrieved of the said orders, the defendant had preferred this revision petition.;