THE HONOURABLE SRI JUSTICE N.V. RAMANA Civil Revision Petition No.5423 of 2010 ORDER: This civil revision petition, under Article 227 of the Constitution of India, is directed against the order dated 01.11.2010 passed in I.A. No. 1499 of 2010 in O.S. No. 1865 of 2006 by the learned I Additional Junior Civil Judge, Ranga Reddy District, whereunder the petition filed by the petitioner herein, plaintiff in the suit, praying the Court below to appoint an Advocate Commissioner to find out the factum of encroachment of suit schedule land by the respondent-defendant, was dismissed. Heard the learned counsel for the petitioner and perused the impugned order and other material available on record. Admittedly, the petitioner filed the present suit for the relief of perpetual injunction and it is for her to prove her possession of the suit schedule land as on the date of filing of the suit, with the help of substantial oral and documentary evidence. Even though the petitioner contends that the respondent-defendant, who is the owner of the adjacent land, encroached into the suit schedule land during pendency of the suit, while making constructions in its land, the fact remains, as is evident from the impugned order, in her cross- examination as P.W.1, she admitted that the respondent-defendant was making constructions even at the time of filing of the suit and that her husband is aware of the said fact. Having admitted so in her evidence, she came up with the present petition after closure of the evidence and when the suit is at the stage of arguments. Since the plaintiff herself admitted that the defendant was making constructions as on the date of filing of the suit, reliance placed by the petitioner on the judgment of this Court in Vishnudas Manga Bhavani vs. V. Bhaskar[1] and on the judgment of the High Court of Madras in Vaithinattar v. Sakkubai Ammal[2], would be of no assistance to her and hence no exception can be taken to the impugned order passed by the Court below, refusing to appoint an Advocate Commissioner, and no interference is called for therewith by this Court in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. The civil revision petition is devoid of merit and is accordingly dismissed. No costs. __________________ JUSTICE N.V. RAMANA 10th December, 2010 IBL [1] 1993 (2) ALT 589 [2] AIR 2004 MADRAS 419