HON’BLE SRI JUSTICE GHULAM MOHAMMED CRP.No.4095 of 2009 Dt.18.9.2009 HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION No.4095 of 2009 O R D E R:- This Civil Revision Petition has been filed aggrieved by the orders passed by the learned VI Additional District Judge, Visakhapatnam in I.A.No.30 of 2007 in O.S.No.01 of 2007. The petitioners herein are the defendants and the respondents herein are the plaintiffs. The respondents herein filed I.A.No.30 of 2007 under Order 26 Rule 9 of CPC for appointment of an Advocate-Commissioner and for conducting survey of suit schedule property as per revenue records and for ascertaining whether suit schedule property is in Survey No.44/1 or in S.No.44/6, 7 and 8 with the assistance of an approved surveyor. After hearing the learned counsel and also after considering the entire material made available on record, the trial Court allowed the said I.A. on 02.6.2009 by appointing an Advocate-Commissioner. Aggrieved by the same, defendants in the suit preferred the present Civil Revision Petition. Heard the learned counsel appearing for the petitioners. As seen from the record, the Court below thought it fit to ascertain the factual foundation where the property is located, and ordered I.A. appointing Advocate-Commissioner and that by itself does not confer any right and it is only a piece of evidence. After submitting the report, the defendants will have an opportunity to file their objections to the report and thereafter, the learned Judge will consider the same. Order 26, Rule 9 of C.P.C. reads as hereunder: “Commissions to make legal Investigations: In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the court: Provided that, where the State Government has made rules as to the persons to whom such commission shall be issued, the Court shall be bound by such rules.” In view of the above rule position, the learned Judge has rightly exercised discretion vested in him and allowed I.A. so as to adjudicate the matter. Hence, I do not see any illegality or irregularity in the order passed by the trial Court. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. ___________________ GHULAM MOHAMMED,J 18th September, 2009. PNV/KA