HON’BLE SRI JUSTICE K.S. APPA RAO C.R.P.No. 3624 of 2007 ORDER: This Civil Revision Petition is filed against the order, dated 03-08- 2007 passed in I.A.No.158 of 2007 in A.S.No.8 of 2005 on the file of the Senior Civil Judge, Narasipatnam. The petitioner filed I.A.No.158 of 2007 seeking appointment of an Advocate Commissioner to localise and identify the suit schedule land joint Kallamdibba with its measurements and for report. However, the lower Court observed that there are no merits in the petition and accordingly, dismissed the petition. Aggrieved by the same, the present C.R.P. is filed. It is the contention of the learned counsel appearing for the petitioner that at any time, even at the appellate stage also, the Commissioner may be appointed for better adjudication of the matter and to prevent multiplicity of litigation. But admittedly the petitioner filed the suit for partition of the said Kallamdibba and the same was dismissed. During the course of trial in the suit also, he filed a petition in I.A.No.528 of 2003 for appointment of an Advocate Commissioner and the same was dismissed. Against the same, no appeal was filed. Again, during the pendency of the appeal, he filed I.A.No.158 of 2007 for the self-same relief which was negatived by the lower Court. As seen from the impugned order, the petitioner failed to establish cogent reasons for appointment of the Commissioner in the earlier I.A.No.528 of 2003. A perusal of the record clearly shows that the petitioner lost his claim in the suit for partition of the subject matter in respect of which the I.A. is filed for appointment of an Advocate Commissioner. The result of the petition and the appointment of the Advocate Commissioner and his report, will not hold, in any way, the rights of the petitioner unless he establishes that he had share in the suit property. Even if the petitioner ultimately succeeds in the appeal, his rights in the said kallamdibba will be safeguarded. Therefore, in view of the non-filing of the appeal against the earlier orders in I.A.No.528 of 2003 and filing of the I.A.No.158 of 2007 in the appellate Court without any changed circumstances, the lower Court rightly dismissed the petition and I see no grounds to differ with the impugned order. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. _______________ K.S. APPA RAO, J Date: 03-12-2011 YCR