THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION No. 3794 of 2006 O R D E R: This revision is directed against the order dated 07.07.2006 in I.A.No. 175 of 2006 in O.S.No. 55 of 2006 passed by the Junior Civil Judge, Sompeta. The prayer of the petitioner in I.A.No. 175 of 2006 is to appoint an Advocate-Commissioner to note the stage of the constructions in the petition schedule vacant site and to identify the suit schedule property with the sale deed dated 01.03.1969. The lower Court having observed that the petitioner himself averred that the respondent is making construction and therefore, it is clear that the respondent is in possession of the suit schedule property, held that an Advocate-Commissioner cannot be appointed to collect the evidence. I do not find any illegality or irregularity in the order passed by the lower Court. The petitioner herein filed a suit for recovery of possession and alleged that the respondent encroached the site of the petitioner. Whether the respondent encroached the site of the petitioner or not and whether the petitioner is entitled for recovery of possession or not, are the points to be decided by the lower Court at the time of trial. However, it appears that the measurement of the sites of the petitioner and respondent may be helpful to the lower Court for deciding the issues. However, having regard to the rival contentions and the facts and circumstances of the case, it appears that the ends of justice may be met if the petitioner is directed to file a fresh application for appointment of the Commissioner to measure the sites of the petitioner and respondent. Accordingly, this Revision is disposed of. The petitioner may file a fresh application for appointment of an Advocate-Commissioner to survey the sites of the petitioner and the respondent and the lower Court may consider the same and pass appropriate orders, in accordance with law. No costs. -------------------------------- (B. CHANDRA KUMAR, J) 02nd December 2010 ksld