HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO. 4124 of 2010 ORAL ORDER: This Civil Revision Petition is directed against the order dated 28.7.2010 passed in I.A.No. 231 of 2009 in O.S.No. 429 of 2002 on the file of Principal Junior Civil Judge, Anakapalle. I.A.No. 231 of 2009 was filed by the defendant in the Suit under Order 21 Rule 26 CPC for appointment of Commissioner to make local investigation with the help of Mandal Surveyor to find out whether the suit schedule property is in existence or not in accordance with the boundaries mentioned in the plaint schedule. That petition was dismissed holding that the petition was filed at the stage of arguments only to protract the proceedings and to cause delay for disposal of the suit. Aggrieved by the same, the present Civil Revision Petition is filed. The learned counsel appearing for the petitioner submits that the Court below committed a patent illegality in dismissing the application on presumptions and assumptions without exercising its jurisdiction in proper and effective manner and hence, the order is illegal. Heard the learned counsel appearing for the petitioner and also perused the material made available on record. For ready reference Order XXVI Rule 9 of CPC reads as under: “Commissions to make local investigations: 9. In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court. Provided that, where the State Government has made rules as to the persons to whom such commission shall be issued, the Court shall be bound by such rules.” The trial Court, in my considered opinion, having noticed that the matter underwent several adjournments and trial was commenced, and at the stage of arguments only to protract the proceedings and to cause delay for disposal of the suit, the defendant has moved the application for appointment of commissioner to make local investigation, dismissed the application. Hence, the trial Court has exercised its discretion and rightly dismissed the application. There are no grounds to interfere with the order passed by the trial court and the Civil Revision Petition is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. ______________________ GHULAM MOHAMMED, J DATE: 08.10.2010 KA