THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.3483/2011 Date of Order: 27-8-2011 Between: Vadakoppula Kamalamma ..Petitioner and Oruganti Anjamma ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.3483/2011 Oral order: This revision under Art. 227 of the Constitution of India is filed to revise the orders dt. 2-8-2011 passed in IA No.690/2008 in OS No.36/2003 on the file of Principal Junior Civil Judge, Jaggaiahpet. The revision petitioner herein is the plaintiff in the suit. She filed the suit against the resondent/D-1 and another for mandatory injunction stating that the defendant No.1 encroached the bazaar situated to the western side. The plaintiff filed IA No.690/2008 seeking appointment of advocate commissioner to measure the site in occupation of the first defendant. On contest being made by the first defendant by filing counter stating that the plaintiff filed the suit for mandatory injunction for removal of the encroachment alleging that there is bazaar at eastern side of the plaint schedule property, which was denied by the defendant in the written statement pleading that there is no bazaar and when the suit was posted for arguments the said petition has been filed and same cannot be entertained, the trial court dismissed the said petition holding that the suit is not for declaration of tile nor recovery of possession and is only for mandatory injunction and therefore the plaintiff has to prove her case by adducing oral and documentary evidence. Admittedly, the suit itself is filed for mandatory injunction and only after completion of evidence and when the case is coming up for arguments, the impugned petition is filed only8 to gather the evidence in favour of the plaintiff through the advocate commissioner, which is not permissible under law. No infirmity is discernible in the impugned order warranting interference by this court. The Civil Revision Petition is accordingly dismissed. No costs. _______________ A.GOPAL REDDY, J. Dt.27-8-2011 kmr