THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.5243 of 2009 Date of Order: 13-11-2009 Between 1. Yarlagadda Venkataratnam and another ..Petitioners And Yarlagadda Rama Rao ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.5243 of 2009 Oral Order: 1. The respondent/plaintiff, who filed the suit for declaration of his right of easement in the suit schedule property, filed I.A.No.301 of 2009 in O.S.No.361 of 2009 for appointment of an advocate Commissioner to note down the topographical features on the property belongs to the petitioners. 2. The IV Additional Junior Civil Judge, Rajahmundry by the impugned order dated 03-08-2009 held that since the claim of he plaintiff is for declaration of right by way of easement over the disputed property, in the absence of any report pertaining to the topographical features of the disputed property, there cannot be effective and comprehensive disposal of the main suit. Hence, it is a fit case for appointment of an advocate Commissioner to note down the physical features. Holding so allowed the petition. Hence, the revision. 3. The discretion exercised by the lower Court for appointment of advocate Commissioner does not suffer from any illegality nor the order if allowed to stand do not attain finality. Against any report filed by the Commissioner the petitioners will have a right to file objections and in the event if the Commissioner’s report goes against them, on which basis the suit is decreed, they can always question the correctness of the report in appeal, if any filed. 4. In view of the same, invoking jurisdiction under Article 227 of the Constitution at this stage does not arise. 5. The revision fails and it is accordingly dismissed at the stage of admission. ______________ A. GOPAL REDDY, J 13-11-2009 Murthy