THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.3660 of 2010 ORDER: The petitioner is the plaintiff, who filed the suit in O.S.No.582 of 2008 on the file of the Additional Senior Civil Judge, Tirupati, Chittoor District, for grant of permanent injunction against the respondents-defendants and also for demarcation of the suit schedule property, which is said to be in his possession and enjoyment. Pending suit, the petitioner filed I.A.No.926 of 2008 under Order XXIV Rule 9 read with Section 151 CPC to appoint Mandal Surveyor as the Commissioner to measure the plaint ‘A’ and ‘B’ schedule properties as per the sale deeds of the defendants and demarcate the same from plaint ‘C’ schedule by planting stones and file a report before the Court below along with sketch and photos with a direction of the Tahsildar, Tirupati Urban to depute the Mandal Surveyor immediately by dispensing with prior notice. The court below vide its order, dated 29-12-2008, dismissed the said application. Aggrieved thereby, the present Civil Revision Petition is filed. I am of the opinion that the said application filed by the petitioner to appoint Commissioner for the purpose of measuring plaint ‘A’ and ‘B’ schedule property and to demarcate the same from plaint ‘C’ schedule amounts to gathering of evidence. Under Order XXVI Rule 10 CPC, an Advocate Commissioner can be appointed only for local inspection and to report physical features. Of course, the appointment of Advocate Commissioner depends upon the facts and circumstances of the case. If a preliminary decree is passed in a suit for partition or redemption of mortgage, the appointment of Advocate Commissioner is to ascertain the market value of the property, measne profits, damages etc., for equal distribution of the same. But, in the instant case, the suit is filed for grant of permanent injunction and it is for the petitioner to prove and establish his entitlement of permanent injunction. To resolve the controversy, the petitioner filed the suit and that controversy cannot be resolved by the Mandal Surveyor by way of appointing him as Commissioner. Therefore, I am of the opinion that the court below had rightly dismissed the said application. However, it is always open to the petitioner to get his lands surveyed in accordance with the Andhra Pradesh Survey and Boundaries Act, 1923 in support of his case and file certified copy of the same before the court below. With the above observation, the Civil Revision Petition is dismissed. There shall be no order as to costs. ___________ 03-09-2010 Prv