IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE EIGHTH DAY OF MARCH TWO THOUSAND AND ELEVEN Present HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.1937 of 2010 Between: P. Mohan Krishna .. Petitioner AND M. Rajagopal Rao & another .. Respondents The Court made the following: HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.1937 of 2010 ORDER: The Civil Revision Petition, under Article 227 of the Constitution of India, is filed against the order, dated 08.03.2010, in I.A.No.118 of 2010 in O.S.No.1359 of 2006, on the file of the V Additional Junior Civil Judge, Tirupati, whereunder and whereby, the petition, filed by the petitioner/plaintiff, under Order XXVI Rule 9 read with Section 151 of the Code of Civil Procedure, 1908, to appoint an Advocate Commissioner to note down the physical features of the plaint schedule property and to file his report along with a plan showing the boundaries and the exact location of the plaint schedule property in the field map of S.No.1 of Tirupati Village Accounts by taking the assistance of the Mandal Surveyor, Tirupati Urban Mandal, Tirupati, was dismissed. 2. The suit was filed for injunction simplicitor against the respondents. There is a boundary dispute between the plaintiff and the first defendant. The plaintiff is the owner of the land in Plot No.30, whereas the first defendant is the owner of the land in Plot No.29. It seems that both the parties have purchased the said plots on the same day from a common vendor. An unapproved lay out has been laid in respect of the land to an extent of Ac. 4.50 cents out of Ac. 36.65 cents in Tirupati Urban Mandal. The unapproved lay out has been annexed to Plot No.31. If the entire extent of land is surveyed by an Advocate Commissioner with the help of a competent person, the dispute between both the parties can be resolved once for all. Therefore, in these circumstances, the trial Court ought to have allowed the petition filed by him. 3. Therefore, the impugned order, dated 08.02.2010, in I.A.No.118 of 2010 in O.S.No.1359 of 2006, on the file of the V Additional Junior Civil Judge, Tirupati, is set aside. The trial Court is directed to appoint an Advocate Commissioner, who is practicing in the trial Court, for the purpose of demarcating the boundaries of the entire land with reference to the unapproved lay out and also documents of both the parties with the help of a Surveyor. All the expenses shall be borne out by the petitioner herein for the purpose of the execution of the warrant and filing of the report. 4. The Civil Revision Petition is allowed accordingly. There shall be no order as to costs. ______________ K.C.BHANU, J Date: 8th March, 2011 KL HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.1937 of 2010 Date: 8th March, 2011 KL