THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 4397 of 2009 DATE: 24.6.2011 BETWEEN: Mantrala Subramanyam petitioner And Rampilla Venkata Lakshmi and ano Respondents Counsel for the petitioner : Sri Ravi Kumar Appanabhotla Counsel for the respondents: The Court made the following order: THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 4397 of 2009 ORDER: This revision under Article 227 of the Constitution of India has been filed against the order dated 21.7.2009 in I.A. No. 422 of 2009 in O.S. No. 240 of 2008 passed by the Principal Junior Civil Judge, Mangalagiri, Guntur dismissing the application filed under Order 26 Rule 9 of CPC to appoint an Advocate Commissioner to note down the existing physical features of the suit property and to measure the extent, note the nature of use and boundaries etc. The case of the plaintiffs/petitioners herein is that they are the owners of suit property having purchased the same vide registered sale deed dated 18.6.2007 and that the respondents are claiming the same with different physical features and boundaries, as such they are desirous for appointment of Advocate Commissioner for noting down the physical features etc. Heard the learned counsel for petitioners and perused the material available on record. It is now well settled that such an application for appointment of Advocate Commissioner even before passing the decree is not maintainable, inasmuch as it is for the respective parties to plead and prove their averments during the regular trial by adducing evidence. The Court below having regard to the fact that the Advocate Commissioner cannot be appointed for ascertaining the possession of property, to note the nature of use of the property, particulars of electricity and water facilities, existing structures and boundaries etc, rightly dismissed the application. There is no illegality or infirmity warranting interference of this Court. The revision fails and accordingly the same is hereby dismissed. No costs. ______________ V ESWARAIAH,J DATE: 24.6.2011 TVK THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 4397 of 2009 DATE: 24.6.2011