IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4920 OF 2009 Between : K.Kesava Reddy ... PETITIONER A N D A.Satyanarayana …RESPONDENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO. 4920 OF 2010 ORDER: This Civil Revision Petition under Article 227 of the Constitution of India, is directed against the docket order, dated 03.02.2009, in I.A.No.332 of 2008 in O.S.No.874 of 2007 on the file of Principal Junior Civil Judge, Anantapur, whereunder and whereby, the application filed under Order XXVI Rule 1 and Section 151 C.P.C. for appointment for Advocate Commissioner to note down the topographical features of the compound wall marked as A, B, C, and D in the plaint plan, was dismissed for the present. 2. The petitioner herein filed Original Suit No.874 of 2007 on the file of Principal Junior Civil Judge, Anantapur, for permanent injunction to restrain the respondent from encroaching into the site by constructing the house and made therein I.A.No.2520 of 2007 for injunction. After hearing both sides, respondent herein is permitted to make his constructions in his own site after restoring the compound wall and also the gate to the building of the petitioner within 15 days from today. Thereafter, the present interlocutory application 332 of 2008 is filed by the petitioner. 3. Heard the learned counsel for the petitioner. 4. The prayer itself is nothing but collecting the evidence. Such a course is not permissible. The party cannot be permitted to request the Court to appoint an advocate commissioner for the purpose of collecting the evidence. Except that, no other purpose is stated in the petition. The respondent encroached into the site, digging the pits and raising the pillars. It is for the petitioner to establish the evidence. Therefore, the impugned order needs no interference by this Court. Even otherwise, the rejection of the relief sought for by the petitioner for appointment of advocate commissioner has not attained finality, in view of the fact that the petition is dismissed for the present. Therefore, at appropriate time, the petitioner as well can make a request to the Court to appoint an advocate commissioner to note down the physical features of the suit schedule property. 5. With the above observation, the Civil Revision Petition is dismissed at the stage of admission. There shall be no order as to costs. _______________ K.C.BHANU. J NOVEMBER 08, 2010. YVL