THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.3588 OF 2008 ORDER: The petitioners filed this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the order dated 06.06.2008 in I.A.No.69 of 2008 in O.S.No.19 of 2008 on the file of the Junior Civil Judge, Patikonda, in dismissing the application filed under Order XXVI Rule 9 read with Section 151 of the Code of Civil Procedure, 1908, seeking to appoint Advocate Commissioner along with Mandal Surveyor, Pattikonda, to note down the topographical features, to measure the petition schedule property as per the plaint plan ‘ABCD’ portion and ‘EFGH’ portion of Sofia Bee, obtain necessary photographs, fix up the boundaries, plan and submit report. After taking into account the facts and circumstances of the case, the trial Court did not find favour with the request of the petitioners and dismissed the application. Hence, the revision. Though the learned counsel for the petitioners sought to argue on several grounds, which need such exercise, the fact remains that the suit is only for bare injunction and the trial had not yet commenced. Unless and until the parties, prima facie, establish their case and make out their case for such exercise, then only such recourse to appoint Advocate Commissioner may be taken. Otherwise, any such exercise much before establishing the case of the plaintiffs would only putting a cart before the horse. In that view of the matter, I do not find any reason to grant the relief sought for. Accordingly, the Civil Revision Petition is dismissed. However, it is always open for the petitioners to file application afresh after commencement of the trial and making out a case for any such exercise and the same would be considered and disposed of on merits in accordance with law, without being influenced by any of these proceedings. No costs. _________________ (B.PRAKASH RAO, J) 12th August 2010 RRB