THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4688/2009 Date of Order: 8-9-2011 Between: Battula Rama Gopal Reddy ..Petitioner and Kattukolu Ravindra Reddy ..Respondent The Court made the following:: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4688/2009 Oral order: The petitioner/plaintiff, on closure of the evidence and when the suit was posted for arguments filed IA No.580/2009 under Order 26 Rule 9 and Section 151 CPC, before the Court of I Additional Junior Civil Judge, Vijayawada, for appointment of a Commissioner to measure and note down the physical features of both plaint schedule property and the property of the defendant with the assistance of the Mandal Surveyor or other competent authority. The trial court rightly dismissed the petition, by the impugned order dt. 9-9-2009, holding that the appointment of commissioner is only to gather the evidence or to drag on the proceedings; and if the petitioner/plaintiff is really has intention for appointment of commissioner, it has to be filed at the time of commencement of the trial or immediately after filing of the written statement and filing of the petition when the matter is coming up for arguments is nothing but to procrastinate the mater. No infirmity is discernible in the impugned order passed by the trial court, warranting interference by this court. The Civil Revision Petition is accordingly dismissed. No costs. _______________ A.GOPAL REDDY, J. Dt.8-9-2011 kmr