THE HON'BLE Ms. JUSTICE G. ROHINI CIVIL REVISION PETITION No.2374 OF 2011 Dated: 29.06.2011 Between: Syed Mujahid … Petitioner AND Smt. Zubida Begum and others … Respondents This Court made the following : THE HON’BLE Ms. JUSTICE G.ROHINI CIVIL REVISION PETITION No.2374 OF 2011 ORDER : The Revision petitioner is the defendant No.1 in O.S.No.895 of 2006 on the file of the Court of the III-Additional District Judge, R.R. District. The respondents 1 to 7 herein are the plaintiffs. The suit is filed for declaration of the title to the suit property and for recovery of possession. Pending the suit, the plaintiffs filed I.A.No.406 of 2010 under Order 26 Rule 9 of C.P.C. for appointment of an Advocate- commissioner to demarcate the boundaries of the suit schedule property with the assistance of the office of the Director of Survey, Settlement and Land Records. Though the defendant No.1/revision petitioner opposed, the Court below by order dated 27.12.2010 allowed the said application. Hence the present Civil Revision Petition by the defendant No.1. The learned counsel for the petitioner vehemently contended that the impugned order is impermissible under law since the same would amount to collecting evidence in favour of one of the parties to the suit. On a careful consideration of the material available on record, I do not find any substance in the contention of the learned counsel for the petitioner. Having regard to the facts and circumstances of the case, the Court below thought it fit to appoint the Commissioner for demarcation of the suit schedule property and accordingly the Commissioner was appointed to get the A & B Schedule properties surveyed with the help of the Office of the Director of Survey, Settlement and Land Records. As rightly observed by the Court below, no prejudice would be caused to the defendants if the property is surveyed since the trial has not yet commenced in the suit. Hence the order under Revision cannot be held to be erroneous on any ground whatsoever. Accordingly, the Civil Revision Petition is dismissed. No costs. _____________ G. ROHINI, J. Dt.29.06.2011 Ivd