HON’BLE SRI JUSTICE V. ESWARAIAH C.R.P. No. 806 of 2010 DATED: 15.07.2011 Between: 1. M. Venkateswara Rao 2. M. Tirupathamma (died) .. Petitioners And Yella Venkateswarulu .. Respondent O R D E R:- This Civil Revision Petition is directed against the order dated 15.12.2009 made in I.A. No. 1459 of 2009 in O.S. No. 282 of 2005 on the file of the Principal Junior Civil Judge, Mangalagiri whereby the application filed by the plaintiffs seeking to appoint an advocate commissioner, was dismissed. The plaintiffs, who are the revision petitioners, filed suit in O.S. No. 282 of 2005 for delivery of vacant possession of Item No. 2 of the plaint schedule property by removing the constructions made therein by the defendants. Item No.2 of the plaint schedule property, which bears D.No.61/A, consists of an extent of 18 Square yards of house site situated in Chinavadlapudi Revenue village, Manglagiri Mandal, Guntur District within specified boundaries. In the suit, the petitioners- plaintiffs filed the present application in I.A. No. 1459 of 2009 under Order 26 Rule 9 CPC seeking to appoint an Advocate Commissioner to measure the plaint schedule property and the property of the respondent-defendant with the assistance of Mandal Surveyor and with the help of documents relating to respective parties and file a report. Having heard the learned counsel for both the parties, I am of the opinion that if the application is allowed it will amount to shifting of the entire burden of the plaintiffs to advocate commissioner to prove the averments and also it amounts to gathering of evidence by the advocate commissioner. Hence, the trial Court is perfectly justified in dismissing the application and I see no infirmity, legal or otherwise, in the impugned order. Hence, the Civil Revision Petition is devoid of merits and the same is accordingly dismissed. No order as to costs. ________________ V. ESWARAIAH, J 15.07.2011 bcj