C. Praveen Kumar, J. - (1.) Aggrieved by the order dated 25.04.2017, passed in I.A.No.23 of 2017 in O.S.No.96 of 2015 on the file of the VIII Additional District Judge, Chittoor, wherein an application filed under Order XXVI Rules 10-B, 10-C and Section 151 of C.P.C. seeking appointment of an advocate-commissioner, for the purpose of auctioning the mango and coconut crop in the petition schedule properties with the aid of local police and deposit the sale proceeds in the Court, was dismissed, the present Civil Revision Petition is filed by the plaintiffs under Article 227 of the Constitution of India.
(2.) The petitioners/plaintiffs filed O.S.No.96 of 2015 seeking partition of the suit schedule properties into two equal shares by taking into consideration the good and bad qualities thereof by metes and bounds and to allot one such share to the plaintiff and in default the same through process of law. Pending the suit, the plaintiffs filed I.A.No.23 of 2017 seeking appointment of an advocate-commissioner. It is also stated that in the previous year also the defendant illegally took away a tractor load of mango crop without hearing the advocate-commissioner, who was present there to auction the mangos. It is averred that even this year, the defendant and his followers are again illegally trying to harvest the crop from the suit schedule property and if he succeeds in harvesting the crop, the petitioners may not get any share in the usufruct from the trees. Hence, prayed to appoint an advocate-commissioner.
(3.) The defendant filed counter denying the averments made in the affidavit filed in support of the petition. It is stated in the counter that the father of the defendant divided the property long back in the year 1996 and since then the father of the defendant was in exclusive possession and enjoyment of the schedule property. It is stated that since several years the defendant and his father are selling mango crop to the third parties. This season also the defendant spent Rs.5,00,000/- for development of mango garden by applying pests and medicines etc. and the said property is allowed to be auctioned and deposit the sale proceeds in Court, it would be very difficult to him to realize the money which was spent for the development of mango garden.;