THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.5221 of 2011 ORDER: The respondents filed O.S.No.261 of 2001 in the Court of Additional Junior Civil Judge, Addanki, against the petitioners, for the relief of declaration of title and injunction in respect of a portion marked as ‘A2’ in the plaint plan. For one reason or the other, the suit did not record any progress almost for a period of one decade. It is stated that the evidence of P.W.1 is in progress. In the course of cross-examination, a question was put to him on behalf of the petitioners that had he sought for appointment of a commissioner and surveyor, the truth would have come out, and being afraid of that, he did not file an application for that purpose. The respondents filed I.A.No.26 of 2010 under Order 39 Rule 3 C.P.C. with a prayer to appoint an Advocate Commissioner and to measure the property with the assistance of Mandal Surveyor. The petitioners opposed the application. The trial Court allowed the I.A. through order, dated 24.10.2011. Hence, this revision. Heard Sri Nimmagadda Satyanarayana, learned counsel for the petitioners. The principal contention urged on behalf of the petitioners is that the suit is at an advanced stage and the application was filed only with a view to delay the disposal and to gather evidence. Whatever may be the objection that can be raised for the appointment of a Commissioner, in suits for injunction, the Courts would be a bit liberal in dealing with the applications filed for that purpose in suits for declaration of title and other ancillary reliefs. Further, this is not a case, where the trial Court has appointed a Commissioner earlier and another Commissioner is sought to be appointed. Though the respondents could have taken this step earlier, it cannot be said that the application is not maintainable in law. Therefore, the civil revision petition is dismissed. Since the suit is of the year 2001, the trial Court shall endeavour to dispose of the same by the end of March 2012. There shall be no order as to costs. __________ 02.12.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.5221 of 2011 Date: 02.12.2011 JSU