THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.4244 of 2009 (Dated : 01-02-2011) Between: Md.Ibrahim and another …Petitioners A n d Mohd. Iqbakl Ahmed and others …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.4244 of 2009 ORDER: This revision is directed against the order dated 7.4.2009 passed in I.A.No.640 of 2009 in O.S.No.17 of 2007 on the file of the Senior Civil Judge, Gadwal at Mahabubnagar, whereby and whereunder the learned Senior Civil Judge dismissed the application filed by the petitioner under Order XXVI rule 9 CPC. 2. Heard learned counsel appearing for the petitioner and perused the order impugned in the revision. 3. Learned counsel appearing for the petitioner submits that appointment of Commissioner has become imminent since the dispute between the parties with regard to possession is required to be resolved. The same point has been urged before the learned Senior Civil Judge. The learned Senior Civil Judge dismissed the application on the ground that Commissioner cannot be appointed to note as to who is in physical possession of the land in dispute. 4. It is well-settled that a Commissioner cannot be appointed for fishing evidence or for collecting evidence particularly in regard to possession, vide decision of this Court in T.Ravinder Reddy v. P.Chenga Reddy[1]. The order passed by the trial Court does not suffer from any illegality or irregularity warranting interference of this Court in exercise of powers under Article 227 of the Constitution of India. In my considered view, the trial Court is justified in dismissing the application. 5. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. ______________________ B.SESHASAYANA REDDY, J Dt.01-02-2011 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Civil Revision Petition No.4244 of 2009 DATED : 01-02-2011 [1] 1991(3) ALT 129