THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.539 of 2009 ORDER: This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 22.12.2008 passed by the III Additional Junior Civil Judge, Vijayawada in I.A.No.592 of 2008 in O.S.No.970 of 2007, whereby the learned Judge dismissed the I.A filed for appointment of an Advocate Commissioner. The petitioner/plaintiff filed the above suit for permanent injunction stating that in the family partition effected among himself, his brothers and father on 21.07.1977, he was allotted Ac.1.76 cents of land in R.S.No.372/4 and since then he is in exclusive possession and enjoyment of the said property till the date of filing of the suit and pattadar pass book was also issued in his favour to the said extent and that the defendants are claiming to have acquired title to the plaint schedule property fraudulently. In the said suit, the plaintiff filed the above I.A for appointment of an Advocate Commissioner stating that the property to the North of his land in R.S.No.372/4 belongs to the family of the Village Karnam of Vanukuru in R.S.No.372/3 and the defendants have no land in R.S.No.386. Hence, the defendants, who are claiming interest in the plaint schedule property, cannot derive any title to the same. Hence, he filed the above I.A. It is not in dispute that in the plaint averments it is categorically asserted by the plaintiff that the Mandal Surveyor of Penamluru Mandal has inspected the property in dispute in 2006 itself, surveyed the same and fixed the boundary stones and that they are in possession of the respective properties. If that is the case, it is for the respective parties to establish their possession over the property with reference to the Survey conducted in 2006. Therefore, appointment of an Advocate Commissioner is not at all warranted and the same is nothing but collection of evidence by the petitioner. In view of the same, the impugned order does not call for any interference by this Court. The Civil Revision Petition is accordingly dismissed. There shall be no order as to costs. __________________ A. GOPAL REDDY, J Date: 26.04.2011 va