IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD MONDAY, THE NINETH (9TH) DAY OF AUGUST, TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.752 of 2010 Between: Kandi Venkata Murali … Petitioner And: Maharaja Alakanarayana Society of Arts & Science, Rep. by its Executive Officer, Vizianagaram … Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.752 of 2010 ORDER: This revision is directed against the order dated 25.01.2010 in IA No.788 of 2009 in I.A.No.87 of 2008 in OS No.154 of 2005 on the file of the Senior Civil Judge, Vizianagaram, wherein the said application filed by the petitioner/defendant under Order XXVI rule 10 CPC for re-entrustment of the warrant to the same Advocate Commissioner or to appoint new Advocate Commissioner for local inspection, was dismissed. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. Perused the record. 3. The respondent herein filed suit for recovery of Rs.2,57,930/- with interest towards loss said to be sustained by the plaintiff in conducting fresh auction for usufruct of tope for the fasilies 1414 and 1415. The petitioner/defendant filed a written statement contending inter-alia that the extent of the land available in Sy.Nos.94 and 95 is only Ac.70.00 but not Ac.134.76 cents and that the defendant is entitled to get back difference amount in a sum of Rs.2,08,000/- with interest thereon. Accordingly, the defendant filed a counter-claim claiming Rs.2,36,912/-. It is stated that the subject matter of auction was leasehold rights of the usufruct of the coconut and cashew tope situated on the leasehold land. According to the plaintiffs, total extent is Ac.134.76 cents, whereas the defendant contends that it is only Ac.70.00. The defendant filed IA No.877 of 2008 for appointment of an Advocate Commissioner. The trial Court, appointed Ms. P Lalitha, as Advocate Commissioner to make local inspection and to ascertain total extent of the land by surveying the same with the assistance of FMB record and Mandal surveyor and she returned the warrant on 22.10.2008 along with a memo stating that the petitioner counsel was not cooperating in execution of the warrant and he did not even take notice. Thereafter, the Court appointed Ms. G.L.Gayatri Devi on 22.11.2008. On 29.06.2009, the said Advocate Commissioner also returned the warrant stating that she was unable to execute the same, as there are no sufficient documents. Thereafter, the petitioner/ defendant filed present application seeking re-entrustment of the warrant to the same Commissioner or appointing a new Commissioner. The impugned order shows that the trial of the suit is held up because of the above petition and the plaintiff’s evidence was closed on 10.08.2009 and one witness was examined on behalf of the defendant and the matter is coming up for further evidence of the defendant. The impugned order further shows that IA No.877 of 2008 was closed by recording the reasons and the said order has become final. 4. The suit is for recovery of certain amounts. The defendant made a counter claim against the plaintiff. The dispute is regarding the extent of the land, which was subject matter of the lease. Having regard to the nature of the reliefs claimed in the suit and the counter- claim made by the defendant, localization of the land by means of survey is not called for. It is open to the parties to establish their respective claims made against one another, by adducing necessary evidence. The re-entrustment of the warrant to the same Commissioner or appointment of a new Commissioner is not warranted, especially, in view of the representation of the previous Commissioners wherein they stated that the warrant could not be executed either due to non-cooperation from the parties or for want of necessary records. It is obvious that the present application is filed only with a view to protract the proceedings. There are absolutely, no merits in the revision. 5. In the result, the civil revision petition is dismissed. ___________________ G.V.SEETHAPATHY, J Date: 09.08.2010 bss