THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. OF 5967 of 2008 DATE: 4.2.2011 BETWEEN: Enninti Narayana and another petitioners And Kalla Sanyasi and ors respondents Counsel for the petitioner : Mr K Sarvbhoumarao Counsel for the respondents: The Court made the following order: THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 5967 of 2008 ORDER: This revision is filed against the order dated 8.9.2008 in I A No. 334 of 2008 in A.S. No. 189 of 2007 on the file of the VII Additional District Judge, Visakapatnam dismissing an application filed under Order 26 Rule 9 read with section 151 of Civil Procedure Code to appoint an Advocate Commissioner on the ground that ‘as the main appeal is dismissed this petition is closed.’ Learned counsel for petitioner submits that in fact, the main appeal was restored therefore the impugned order is liable to be set aside and the application for appointment of Advocate Commissioner to note down the physical features of plaint schedule property to be considered. Heard the learned counsel for petitioner and perused the material available on records. In the circumstances of the case, I am of the opinion that the application filed by the petitioner to note down the physical features of plaint schedule property by measuring the same with a qualified surveyor is nothing but trying to gather the evidence, which cannot be permitted. When the said application was dismissed, whether the appeal was pending and subsequent restoration of the same is of no consequence. The revision fails and accordingly dismissed. No costs. ______________ V ESWARAIAH,J DATE: 4.2.2011 TVK THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 5967 of 2008 DATE:4.2.2010