THE HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.4010 OF 2004 ORDER: This revision petition, under Article 227 of the Constitution of India, by the petitioners/defendants, is directed against the order dated 27.07.2004 passed by the IV Additional Junior Civil Judge, Rajahmundry, East Godavari District, in I.A.No.797 of 2004 in O.S.No.280 of 1998. In a suit filed by the respondents/plaintiffs for declaration of title and possession in respect of ABCDEF red marked portion of the rough plaint plan; for mandatory injunction restoring the demarcated DE bund of plaintiffs to its original position; for removing barbed DF fencing; and for recovery of Rs.2,500/- towards the value of five cut and removed Palmyrah trees, an Advocate Commissioner was appointed, who filed his preliminary report on 31.08.1998 and final report on 18.12.2003. In response to the said reports, neither the respondents/plaintiffs nor the petitioners/defendants have filed their objections. After closure of evidence on either side, the arguments of the plaintiffs in the suit have been heard on 19.07.2004 and the matter was adjourned to 22.07.2004 for the arguments of the defendants. On 22.07.2004 at the request of the learned counsel for the defendants the matter was adjourned to 26.07.2004 on payment of costs. On 26.07.2004 the defendants filed I.A.No.797 of 2004 for reopening the suit and I.A.No.798 of 2004 for giving direction to the Advocate Commissioner to take measurements of the suit schedule property as per the title deeds of the petitioners and prepare a plan with the measurements and file the report before the Court to clarify the contradictions between the two reports. The lower Court by the impugned common order dated 27.07.2004 dismissed both the I.As. Aggrieved by the same, the present C.R.P.No.4010 of 2004 and C.R.P.No.4776 of 2004 have been filed. This Court by a common order dated 28.09.2004 dismissed both the revision petitions and the said dismissal order in C.R.P.No.4776 of 2004 has become final. But in the present revision petition Review C.M.P.No.15880 of 2004 has been filed for reviewing the present revision petition, and on allowing the said review petition the present revision petition is restored to its file. Since I.A.No.798 of 2004 filed for giving direction to the Advocate Commissioner to take measurements of the suit schedule property etc., has been dismissed, I.A.No.797 of 2004 filed for reopening will not serve any purpose. Further, the petitioners/defendants have not filed any objections to the Commissioner’s report dated 18.12.2003, and allowed the evidence to be closed, and at the stage of arguments filing of above review petition, as rightly held by the lower Court, is only to protract the litigation. In view of the same, no infirmity is discernible in the order passed by the lower Court warranting interference of this Court. Accordingly, the Civil Revision Petition is dismissed. ____________________ (A. GOPAL REDDY, J.) 17th December, 2009 Js.