IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THIS THE 4th DAY OF OCTOBER, 2009 C.R.P.No.367 of 2009 Between: Kailasa Rajesham and others ….PETITIONERS and V.Thirupathaiah and others …RESPONDENTS HON’BLE SRI JUSTICE K.C.BHANU C.R.P.No.367 of 2009 ORDER: This revision is directed against the order dated 14.11.2008 passed in I.A.No.1759 of 2008 in I.A.No.274 of 2008 in O.S.No.38 of 2008 on the file of the Principal Junior Civil Judge at Karimnagar whereunder and whereby the request of petitioners/defendants for appointment of an advocate-commissioner, to make local inspection of the properties of both parties to suit and locate road no.3 and note down its distance from the premises of the petitioners and also to note down all the physical features, was rejected on the ground that for consideration of evidence with regard to pre-existed right of easements, appointment of advocate commissioner may not be a proper course. The contention of 1st respondent/plaintiff is that there is no record to show that there is a road with no.3 and it is located at a distance of 400 yards from Kailas Residency which belongs to the petitioners/defendants and that there is no road on the northern side abutting Kailas Residency. Hence, an advocate commissioner cannot be appointed to note down the physical features of suit schedule property. There cannot be any dispute that under Order XXVI Rule 9 of the Code of Civil Procedure, 1908, an advocate commissioner cannot be appointed for collection of evidence. But, at the same time, to note down the physical features, for arriving at a just adjudication of the case, an advocate commissioner can be appointed. So, the trial Court ought to have appointed an advocate commissioner to note down the physical features of the suit schedule property. Therefore, the order passed in I.A.No.1759 of 2008 in I.A.No.274 of 2008 in O.S.No.38 of 2008 on the file of the Principal Junior Civil Judge at Karimnagar is set aside and the IA stands allowed only to the extent of appointment of an advocate commissioner to note down the physical features of the suit schedule property and the lower Court is directed to appoint an advocate commissioner only to note down the physical features of the suit schedule property and to submit a report. The Civil Revision Petition is allowed to the extent indicated above. No order as to costs. _______________ K.C.BHANU, J 4th November, 2009 CVRK