THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.3474 OF 2009 ORDER: The petitioner-defendant filed this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the order dated 27.07.2009 passed in I.A.No.706 of 2009 in I.A.No.2284 of 2008 in O.S.No.343 of 2008 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad, in allowing the application filed under Order XXVI Rule 9 and Order XXXIX Rule 7 read with Section 151 of the Code of Civil Procedure, 1908, seeking to appoint a Commissioner for localization/inspection of the petition suit schedule property and to report along with photos about the nature of its user and such other physical features. The main ground urged on behalf of the petitioner is that without giving any opportunity of hearing or filing proper counter affidavit, the Court below appointed Sri Y.S.Sastry as Advocate Commissioner in order to inspect the suit locality and note down the physical features. There is no dispute to the fact that no opportunity was given to the petitioner while passing the order impugned. In view of the same, the Civil Revision Petition is allowed and the order dated 27.07.2009 in I.A.No.706 of 209 is set aside. The matter is remitted back to the Court below for fresh disposal on merits in accordance with law. The petitioner shall file counter affidavit within a period of two {2} weeks from today. No costs. _________________ (B.PRAKASH RAO, J) 4th March 2011 RRB