THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.4517 OF 2011 DT.29.10.2011 Between: Marri Venkateswarlu … Petitioner And Marri Annapurnamma @ Annapurna & Ors … Respondents Counsel for the Petitioner: Sri Raja Reddy Koneti Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.4517 OF 2011 ORDER: The 1st respondent herein filed the suit O.S.No.46 of 2007, on the file of the Principal Junior Civil Judge, Ponnur for permanent injunction against the petitioner herein and her sons, the respondents 2 and 3 herein claiming that she is the absolute owner of the suit property. It is the case of the petitioner herein that there is a dispute with regard to factual aspect of the suit schedule property and claimed that she is in possession of Ac.0.02 cents out of the plaint schedule property of Ac.0.04 cents, and therefore, the defendants filed I.A.No.762 of 2011 in O.S.No.45 of 2007 under Order 26 Rule 9 of the Code of Civil Procedure seeking appointment of Advocate Commissioner to locate the plaint schedule property, measure the houses of both parties with the help of Mandal Surveyor, Kakumanu Mandal and note the physical features after obtaining the work memo from both parties. The said petition was dismissed by the impugned order. Aggrieved by the same, the present revision is filed. Having regard to the circumstances, I am of the opinion that the Court below dismissed the said application on the ground that the Advocate Commissioner can note down the physical features alone, which is a ministerial act under Order 26 Rule 10 (b) of the Civil Procedure Code, and it is for the respective parties to prove their pleadings by adducing evidence, and the defendants as well can adduce documentary evidence to prove their pleadings, but cannot be allowed to gather evidence through the Advocate Commissioner. The function of the Court is to appreciate the evidence adduced by both the parties, which cannot be delegated to the Advocate Commissioner. I do not see any infirmity legal or otherwise to interfere with the impugned order. The revision is accordingly dismissed. No costs. _______________ (V.ESWARAIAH,J) DATE: 29.10.2011 grk THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.4517 OF 2011 DT.29.10.2011 GRK