THE HON’BLE SRI JUSTICE B PRAKASH RAO C.R.P.Nos. 770 and 4107 of 2008 COMMON ORDER: Since these two revisions arise out of common proceedings, hence, taken up for disposal together by this common order. In C R P No. 4107 of 2008, the petitioner is plaintiff seeks to assail the order dated 10.9.2004 in I A No. 1253 of 2004 of appointment of Advocate Commissioner to note down the physical features. Whereas, the revision in CRP No. 770 of 2008 is filed by the petitioner/plaintiff aggrieved against the orders rejecting the application to summon the Assistant Director, Survey and Land Records as witness and to submit a report. The Court below on consideration of the matter, did not find favour with the petitioner and dismissed the said application. Hence, the present revision petitions. Having heard the counsel on either side and on perusal of the material, admittedly so far as C R P No. 4107 of 2008 is concerned, it is stated that subsequent to appointment of the Commissioner, he has submitted his report on 22.1.2005 and in view of the same nothing survives, especially when the petitioner has submitted his objections, which necessarily has to be gone into and considered on their own merits. Hence, C R P No. 4107 of 2008 is hereby dismissed. Coming to C R P No. 770 of 2008, admittedly it is the said officer who has conducted the survey and based upon his survey, a report has been filed, as such, necessarily, apart from the Advocate Commissioner, the said Assistant Director, Survey and Land Records, needs to be examined and cross examined for the purpose of probing the veracity of the case. In the circumstances, C R P No. 770 of 2008 is hereby allowed and in result I A No. 1245 of 2007 in O S No. 137 of 2004 stands allowed. The Court below shall conduct a comprehensive enquiry by giving opportunity to both sides and pass appropriate orders taking into consideration the objections already filed by the petitioner herein. In the result, C R P No. 4107 of 2008 is dismissed and C R P No. 770 of 2008 is allowed. No costs. __________________ B PRAKASH RAO,J DATE: 8.7.2010 TVK THE HON’BLE SRI JUSTICE B PRAKASH RAO C.R.P.Nos. 770 and 4107 of 2008 DATE: 8.7.2010