HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISON PETITION No. 5295 OF 2009 Thursday, the Twenty Third Day of December, Two Thousand and Ten Between Nalla Srinivasu and others Petitioners AND Mulakala Kanaka Durga and others Respondents ORAL ORDER: The impugned order is a default order passed on the ground that when the Advocate Commissioner returned the report, the petitioners were called absent and, hence, the petition in I.A. No. 2277 of 2007 was dismissed. The said I.A. No. 2277 of 2007 relates to appointment of Commissioner and the court below by order dated 23.1.2008 allowed the said I.A. appointing an Advocate Commissioner to note down the physical features of item Nos. 1 and 2 and also to take measurement of those items of the plaint schedule property and the vacant land belonging to the defendants in respect of the sale deeds of plaintiffs and the defendants. It is not known what was the report returned by the Advocate Commissioner. When the matter was posted, the petitioners were called absent and there was no representation and, therefore, the said application was dismissed. Obviously, the said order is a default order. If that be so, it is always open for the petitioners to seek recalling of the said order and to restore the said application by filing appropriate applications. In that premise, I am of the opinion that the Civil Revision Petition under Article 227 of the Constitution of India is misconceived. The Civil Revision Petition is accordingly dismissed with a liberty to take appropriate steps before the court below for restoration of the said application. No order as to costs. ___________________ Justice V.Eswaraiah December 23, 2010 MAS