THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.5702 OF 2007 DATED: 27-01- 2011. Between 1.Smt.A.Ramanulamma and others … Petitioners And 1.B.Nagaraju and another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.5702 OF 2007 ORDER: This revision is directed against the order, dated 10-09-2007 in E.A.No.69 of 2007 in E.A.No.601 of 2004 in E.P.No.304 of 1997, on the file of the Additional Senior Civil Judge, Chittoor, whereunder and whereby the application filed under Order XXVI Rule 9 CPC to appoint an Advocate commissioner to visit the suit schedule property and to note down the physical features of the same with the help of Mandal Surveyor, was dismissed on the ground that Order XXVI has no application in respect of Execution Proceedings. 2. The petitioners filed the claim petition claiming the property saying that the property obtained by the decree holder is entirely different from the property as claimed in the claim petition. Unless the evidence was let in by the claimant, it is not possible for the Court to take further steps. Therefore, the matter is remitted to the trial Court leaving open to consider the application after claimant let in all his evidence and whether Order XXVI is applicable in Execution Proceedings is left open to be decided by the trial Court after hearing both parties in the facts and circumstances of the cases. 3. With the above observation, the Civil Revision Petition is disposed of. No order as to costs. -------------------- K.C.BHANU, J DATED:27-01- 2011 Hsd