THE HON’BLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.3030 of 2009 ORDER: The petitioners herein are the defendants and the respondent herein is the plaintiff in O.S.No.28 of 2009. The suit was filed for grant of permanent injunction. In the said suit, the defendants filed I.A.No.171 of 2009 under Order 26 Rule 9 CPC seeking to appoint an Advocate Commissioner to note down physical features in Sy.Nos.627, 628 and 633 of Renumakulapalle Revenue village and also to note down whether pipeline was erected or not from the bore well in Sy.Nos.628 to 633 and to note down the facts raised by both the parties. The said application has been resisted by the plaintiff by filing a counter and the court below vide its order, dated 01-05-2009, dismissed the said application on the ground that the Advocate Commissioner cannot be appointed to gather evidence and if the said application is allowed, it amounts to collection of evidence. Heard both the counsel. The Advocate Commissioner cannot be appointed for the purpose of collecting evidence, but the Advocate Commissioner can be appointed only for the purpose of noting down physical features in Sy.Nos.627, 628 and 633 of Renumakulapalle Revenue village. Therefore, the first part of the prayer of the petitioners herein in I.A.No.171 of 2009 can be allowed directing for appointment of an Advocate Commissioner to note down physical features in Sy.Nos.627, 628 and 633 of Renumakulapalle Revenue village, but the second part of the prayer i.e., to note down whether pipeline was erected or not from the bore well in Sy.Nos.628 to 633 and to note down the facts raised by both the parties, cannot be allowed. Having regard to the facts and circumstances of the case, the Civil Revision Petition is allowed in part setting aside the impugned order and I.A.No.171 of 2009 in O.S.No.28 of 2009 stands allowed in part directing for appointment of an Advocate Commissioner to note down physical features in Sy.Nos.627, 628 and 633 of Renumakulapalle Revenue village. There shall be no order as to costs. ___________ 06-11-2009 Prv