HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.2379 of 2011 Date : 16-9-2011 Between : Ravula Achaiah .. Petitioner And Sannaila Muralidhar and others .. Respondents Counsel for petitioner : Sri K. Narasimha Chari Counsel for respondent No.1 : Sri J. Ashvini Kumar The court made the following: ORDER: This Civil Revision Petition arises out of order dated 2- 6-2011 in I.A.No.700/2010 in O.S.No.7/2007 on the file of the learned Senior Civil Judge, Suryapet. The petitioner is defendant No.1 in the suit filed by respondent No.1, initially for permanent injunction and later for declaration of his title and for recovery of possession. After the affidavits in lieu of chief-examination were filed on behalf of respondent No.1/plaintiff, the petitioner/defendant No.1 has filed I.A.No.700/2010 under Order XXVI Rule 9 r/w. Section 151 of the Code of Civil Procedure, 1908, seeking appointment of an Advocate-Commissioner to inspect the suit land and to note down its physical features and the boundaries. This application was resisted by respondent No.1/plaintiff. After considering the respective pleadings of the parties, the court below has dismissed the application with the observation that the Advocate-Commissioner cannot be appointed for collecting evidence and that it is for the parties to establish their case as per their pleadings and through the evidence adduced by them. In my opinion, having filed the suit, respondent No.1/plaintiff has to prove his case. The petitioner being defendant No.1, need not take upon himself the task of getting the physical features of the suit land noted down. Having considered the reasons assigned by the court below and the material on record, I am convinced that the order under revision does not suffer from any illegality or jurisdictional error for interference in exercise of the revisional jurisdiction by this court. For the above mentioned reasons, the Civil Revision Petition fails and the same is accordingly dismissed. As a sequel, interim order dated 1-7-2011 is vacated and C.R.P.M.P.No.3361/2011 is dismissed as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 16-9-2011 AM