THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 5444 of 2008 Date of order: 14.7.2010 Between: Smt. Parsa Usha Rani …Petitioner and The Singareni Collieries company Limited ..Respondent THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 5444 of 2008 ORDER: Heard learned counsel for the petitioner. Nobody appeared for the respondent. The plaintiff is the petitioner herein. She is aggrieved by the order of the Junior Civil Judge, Yellandu, Khammam district in I.A.No. 254 of 2006 in O.S.No. 101 of 2005 allowing the application of the respondent/defendant for appointment of an advocate-commissioner to make local inspection of the suit schedule property by taking assistance from Assistant Director, Land Records and Survey. The suit filed by the petitioner is for injunction simplicitor and in the said suit the respondent/defendant has raised a dispute with regard to correct survey number of suit schedule property. In order to establish the same, the present application was moved by the respondent/defendant. Under the impugned order the court below has allowed the same without appreciating that in a suit for permanent injunction the only relevant issue which the petitioner/plaintiff has to establish is with respect to possession on the date of suit. Secondly it is well settled that an advocate-commissioner cannot be appointed for the purpose of collection of evidence on behalf of a party nor survey and demarcation of the suit land is within the scope of the present suit. The application moved by the respondent/defendant, as ordered by the court below is, therefore, beyond the scope of the suit and as such the impugned order is liable to be set aside and is accordingly set aside. The revision petition is accordingly allowed. Since the suit is of the year 2005, the court below is directed to expeditiously take up the suit and decide the same in accordance with law within three months from the date of receipt of a copy of this order. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 14.7.2010 KR