THE HON’BLE SRI JUSTICE GODA RAGHURAM CIVIL REVISION PETITION NO.4488 OF 2011 29th October, 2011 BETWEEN: KURACHA APPLARAJU @ APPALANAIDU .. PETITIONER AND KURACHA SANYASINAIDU AND OTHERS .. RESPONDENTS THE HON’BLE SRI JUSTICE GODA RAGHURAM CIVIL REVISION PETITION NO.4488 OF 2011 O R D E R : This misconceived revision under Article 227 of the Constitution is directed against rejection of the petitioner’s application under Order 26 Rule 9 CPC for appointment of an Advocate Commissioner, to note down the physical features of the plaint schedule land and to measure the site of the petitioners and of the respondents in the suit. The suit is one for an injunction simplicitor. The property in dispute is an alleged vacant site of 5 feet x 6.6 inches adjoining the plaintiffs’ property and the plaint claim is that they left the site for digging a well and construction of a compound wall therein on the north east corner and had constructed steps in the above said passage to reach the panchayat road from their site. The defendants are disputing that instead of 5 feet the petitioners left only a one foot passage for attending to repairs of the petitioners parapet wall in the east. Hence, the dispute between the parties, leading to the suit of the year 2003. In rejecting the application the court below recorded that despite the substantive dispute between the parties being with regard to the extent of the suit schedule property the plaintiffs are pursuing the relief of a mere injunction; failed to file any document to establish their right, title and possession of the suit schedule property; and further seek appointment of an Advocate Commissioner. This in the circumstances would amount to permitting the petitioners to collect evidence through the Advocate Commissioner which is not the purpose for which a Commissioner could be appointed. This court discerns no error in the application of law or exercise of discretion by the court below warranting interference under Article 227 of the Constitution. No merits in the revision. Accordingly, this Civil Revision Petition is dismissed at the stage of admission. _________________ GODA RAGHURAM, J 29th October, 2011. TNB THE HON’BLE SRI JUSTICE GODA RAGHURAM CIVIL REVISION PETITION NO.4488 OF 2011 29TH September, 2011. tnb