HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.2937 OF 2008 Dt.12.11.2010 Between: P.Kalavathi ..Petitioner And R.Ramarao and others ..Respondents HON’BLE SRI JUSTICE V.ESWARAIAH C.R.P.NO.2937 OF 2008 ORDER: Petitioner herein is the plaintiff, who filed the suit in O.S.No.1010 of 2004 on the file of the II Additional Senior Civil Judge, Visakhapatnam, for declaration of title and permanent injunction. In the said pending suit, petitioner filed I.A.No.236 of 2008 under Order 26, Rule 9 C.P.C., for appointment of advocate commissioner to measure the lands of the petitioner as well as defendants with the help of respective sale deeds i.e., Exs.A-1, A-2 to A-6 and Ex.B-1. The said application has been dismissed by the impugned order dated 11.6.2008 holding that the advocate commissioner cannot be appointed for gathering evidence for identification of the property and the respective parties have to adduce and establish evidence before the court itself. It is further stated that the advocate commissioner cannot be appointed to localize the suit schedule property to measure the land with the help of both side sale deeds and such action is nothing but gathering of material evidence which could not be permitted under law. Accordingly, the application has been dismissed. Having regard to the facts and circumstances of the case, I am of the opinion that the order impugned is in accordance with law and I do not see any infirmity, legal or otherwise in the order under revision. The civil revision petition is accordingly dismissed. The interim stay granted earlier shall stand vacated. No order as to costs. ________________ V.ESWARAIAH, J. 12.11.2010 kpr