HONOURABLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITON No.5130 OF 2010 ORDER: The respondent filed O.S. No.1576 of 2006 in the Court of the II Additional Junior Civil Judge, Kurnool against the petitioner for the relief of declaration of title and perpetual injunction in respect of the suit schedule property i.e. an extent of Acs.4-00 of land in survey No.535/D of Brahmanadoddi Village, C.Belagal Mandal, Kurnool District. The petitioner filed a written statement not only opposing the suit, but also making a counter claim for declaration of title in respect of an extent of Acs.2.30 cents of land, marked as ‘E.F.K.L.’ in the map and for recovery of possession thereof. The petitioner has also filed I.A. No.52 of 2007 for appointment of an Advocate Commissioner to cause survey of the disputed land. The trial Court allowed the I.A. and an Advocate was appointed as Commissioner. The Commissioner proceeded to the property by taking assistance of the Mandal Surveyor, duly issuing notice to the parties and their counsel. However, on finding that standing crop was existing on the part of the land, she returned the warrant unexecuted. It was also opined that the survey of the land in the entire survey number would be helpful. 2. The petitioner filed I.A. No.799 of 2008 with a prayer to appoint another Advocate Commissioner in place of the one appointed in I.A. No.52 of 2007 for carrying out the same work. The application was opposed by the respondent and through order, dated 04-02-2009, the trial Court dismissed the I.A. Hence, this CRP. 3. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 4. The trial Court acceded to the request of the petitioner for appointment of an Advocate Commissioner and substantial progress has taken place in that direction. The Commissioner together with the Surveyor proceeded to the land and attempted to measure. However, on account of existence of crop on the land, the survey could not take place. Strictly speaking the same exercise could have been repeated at a time there do not exist any crop on land. The petitioner, however, has chosen to file another application. The trial Court took note of various developments and dismissed the I.A. This Court is of the view that the effort made by the petitioner to get the land surveyed, should not get frustrated on account of the reasons which can be over come. It is represented that as of now, there are no crops over the land and the same situation will continue till the end of this month. 5. Having regard to the facts and circumstances, the Civil Revision Petition is allowed and the order under revision is set aside. The trial Court is directed to appoint an Advocate Commissioner forthwith and ensure that the land is surveyed before the end of April 2011 in terms of the warrant issued by it in I.A. No.52 of 2007. The survey shall be confined to the suit schedule property. However, if it is felt that the survey of the entire survey number is necessary, the trial Court shall pass appropriate orders in that regard. I.A. No.799 of 2008 shall stand posted on 15th of April 2011 and all necessary steps shall be taken on that day itself. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J April 07, 2011 Note: Issue CC in three days. B/O. KTL