HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.159 of 2011 Date : 11.03.2011 Between : Allam Sankaraiah & others. …..Petitioners And Chennareddy Sivamma. …..Respondent HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.159 of 2011 ORDER : This civil revision petition is filed by the defendants in the suit in O.S.No.1069 of 2004 on the file of the learned I Additional Junior Civil Judge, Nellore, aggrieved by the order, dated 11.11.2010, passed in I.A.No.843 of 2010. The suit is filed by respondent-plaintiff in 2004, for injunction simplicitor. When the suit is at evidence stage, the petitioners herein have filed an application in I.A.No.843 of 2010, seeking to appoint an Advocate-Commissioner to inspect the suit schedule land and to note down the physical features of the land. The Court below, having considered the matter elaborately, has recorded a finding that the rival claim of possession over the suit schedule property is to be established by adducing evidence and appointing an Advocate Commissioner would amount to collection of evidence, has rejected the said application. This Court is in agreement with the view taken by the Court below. As much as the suit is for injunction simplicitor, if the petitioners herein contend that they are in possession of property, they have to lead evidence to establish their possession, but no Commissioner can be appointed for collection of evidence in the suit, at this stage. Therefore, I do not find any illegality in the order passed by the Court below, warranting interference of this Court under Article 227 of the Constitution of India. Revision petition is accordingly dismissed. No costs. ______________________ R. SUBHASH REDDY, J 11th March 2011 ajr