HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.4838 OF 2009 Dt.5.12.2009 Between: P.Veerabadraiah … Petitioner And D.G.Venkatappa and others … Respondents HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.4838 OF 2009 ORDER: Petitioner herein is the plaintiff. He filed the suit for permanent injunction. It is the case of the petitioner that he has purchased the suit schedule property under a registered sale deed on 24.8.1992 and since then he has been in continuous possession and enjoyment of the same. He submits that he has made the said land fit for cultivation and cultivating the same. At the time of purchasing the said land which is situated in Palamaner Panchayat and now it has become Municipality and the respondents are trying to interfere with his peaceful possession and enjoyment of the property though they have no right, title or interest over the said property. Accordingly, he filed I.A.No.1578 of 2008 under Order 26, Rule 9 C.P.C for appointment of advocate commissioner to note down physical features shown by the petitioner at the time of inspection in the suit locality and to measure the suit schedule land as per the sale deed dated 24.8.1992 in respect of the petition schedule property and to fix boundary stones with the help of District Surveyor along with Mandal Surveyor. The said application has been dismissed. Aggrieved by the same, this revision is filed under Article 227 of the Constitution of India contenting that the order of the court below in dismissing the said application on the ground that the main suit itself is not for the relief of conducting survey and fix up boundaries in the land as per Section 14 of A.P. (Andhra Area) Survey and Boundaries Act, 1923 and as such the said relief cannot be granted in the interlocutory proceedings. Respondents-defendants disputed the right, title and possession of the plaintiff over the schedule property. It is stated that the plaintiff has got right in respect of 0.35 cents and there is a dispute as to whether the plaint schedule property is out of Ac.12.12 cents and the other shareholders are not made parties to the suit. Heard the learned counsel for the petitioner. Perused the case papers. The question that arises for consideration is whether advocate commissioner can be appointed for the relief claimed in the said I.A. Admittedly, the suit is for grant of permanent injunction. For grant of permanent injunction, the petitioner has to prove his right, title and possession over the suit property. He has to adduce evidence independently with regard to the suit property and the boundaries of the said property. The advocate commissioner can be appointed for the purpose of elucidating any matter in dispute and to file a report. Advocate commissioner can also be appointed to ascertain the market value of any property or the amount of any mesne profits or damages or annual net profits etc. So far as the noting down of physical features of the suit land is concerned, advocate commissioner cannot be entrusted with the job of ascertaining the boundaries of the sale deed and fix boundary stones with the help of District Surveyor along with Mandal Surveyor. The application filed by the petitioner is not simply for local inspection and note down the physical features, but to measure the suit land as per the sale deed and fix boundaries. Advocate commissioner cannot be appointed to measure the suit land and fix boundaries with the assistance of Surveyors. The said relief sought in the application is beyond the scope of the suit. Therefore, I do not see any error committed by the trial court in dismissing I.A.No.1578 of 2008. The civil revision petition is accordingly dismissed. There shall be no order as to costs. _________________ V.ESWARAIAH, J. 5.12.2009 kpr