THE HONOURABLE SRI JUSTICE N.V. RAMANA Civil Revision Petition No.4229 of 2010 ORDER: This civil revision petition, under Article 227 of the Constitution of India, is directed against the order dated 15.06.2010 passed in I.A. No. 738 of 2009 in O.S. No. 534 of 2008, whereunder the learned Additional Junior Civil Judge, Rajendranagar, Ranga Reddy District, dismissed the petition filed by the petitioner herein, plaintiff in the suit, seeking appointment of Advocate Commissioner to demarcate the suit schedule property as per the sanctioned layout with the help of competent surveyor. Heard the learned counsel for the petitioner and perused the order under revision and other material made available on record. The petitioner-plaintiff filed the present suit for the relief of perpetual injunction. Contending that after filing the present suit, the defendant, who claims to have purchased plot Nos.2 and 3, each admeasuring 220 square yards, situated at Bandlaguda Jagir Village, Rajendranagar Mandal, Ranga Reddy District, encroached into plot No.1 belonging to her i.e. the suit schedule property, the petitioner- plaintiff filed the present petition, seeking demarcation of the suit schedule property. The defendant denied that she has encroached into the plot of the petitioner. Be that as it may, the petitioner admittedly filed the suit for perpetual injunction, and it is for her to prove that she is in possession of the suit schedule property as on the date of filing of the suit. The petitioner, by way of demarcation of the plot as per the layout, is seeking to measure the extent of land held by her as also the defendant. Whether or not the defendant has encroached into the suit property is a matter to be decided in the suit based on the evidence to be let in by the parties, and even before the parties letting in evidence, the petitioner cannot seek appointment of Advocate Commissioner, to measure the land, particularly when there is no dispute as to the identity of the plot. If in the facts and circumstances of the case, Advocate Commissioner, as sought for by the petitioner, is appointed, it would amount to collecting evidence for the parties, which cannot be permitted. Therefore, no exception can be taken to the order passed by the Court below, dismissing the present application. The civil revision petition is devoid of merit and is accordingly dismissed. No costs. __________________ JUSTICE N.V. RAMANA 20th October, 2010 IBL