THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.5901 OF 2010 ORDER: The petitioner filed this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the order dated 30.08.2010 in I.A.No.721 of 2010 in I.A.No.1399 of 2009 in O.S.No.5424 of 2009 on the file of the VIII Junior Civil Judge, City Civil Court, Hyderabad, in dismissing the petition filed under Order XXVI Rule 9 read with Section 151 of the Code of Civil Procedure, 1908, seeking appointment of Advocate Commissioner to note down the physical possession and enjoyment of the petition schedule property. Admittedly, the suit is one for perpetual injunction and the trial has not yet commenced. By taking all the circumstances into consideration, that the present attempt is only to protract the proceedings and there is no justification for seeking such relief, the Court below dismissed the said application. Hence, the revision. Having regard to the discretion exercised by the Court below, I do not find any warrant to interfere with the order impugned. However, since the trial has not yet commenced, the petitioner is at liberty to file application at appropriate stage after laying proper foundation during the course of trial. Accordingly, the Civil Revision Petition is dismissed. No costs. _________________ (B.PRAKASH RAO, J) 24th December 2010 RRB