THE HON'BLE SRI JUSTICE B.PRAKASH RAO 7th August 2009 CIVIL REVISION PETITION NO.730 of 2009 Between: Ponnuru Venkata Ramana Kumar, S/o.late Ponnur Krishna Murthy, Hindu, 37 years, Business, R/o.Island Centre, Ponnur, Guntur District. …PETITIONER AND 1. Ponnuru Lakshmi Kumari, W/o.late Krishna Murthy, Hindu, 59 years, House Wife, C/o.Vakkalagadda Sivarama prasad, Bhavanagar Colony, Ponnur, Guntur District. And two others. …RESPONDENTS THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.730 OF 2009 ORDER: The petitioner filed this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the order dated 02.01.2009 in I.A.No.1533 of 2008 in O.S.No.273 of 2002 on the file of the Principal Junior Civil Judge, Ponnur, Guntur District, in rejecting an application filed under order XXVI Rule 9 and Section 151 of the Code of Civil Procedure, 1908, seeking to appoint an advocate commissioner for the purpose of measuring the respective portions of both parties i.e., Plot A, B and C of plaint plan i.e., northern joint gully with reference to the title deeds of both parties and note down the physical features. The Court below dismissed the said application mainly on the ground that it was filed at the fag end of trial of the suit and more so, it is an identified case. Hence, the revision. Having regard to the comprehensive objections raised by the earlier commissioner, where there was no proper exercise and noting down of the physical features, admittedly, the application filed at this stage is belated one and just to drag on the proceedings. Further, it is always open for the parties to take appropriate steps in this regard but in that process, the proceedings cannot be stalled. In the circumstances, as rightly pointed out by the Court below, though it is an attempt to push out any evidence as such, it is only an attempt on part of the parties to drag on the matter. Hence, there are no merits in the revision. The Civil Revision Petition is, accordingly, dismissed. No costs. _________________ (B.PRAKASH RAO, J) 7th August 2009 RRB