HON’BLE SRI JUSTICE A. GOPAL REDDY C.R.P. No.5683 OF 2009 DATE:11-12-2009 BETWEEN: Baddireddy Vijaya Sagar …Petitioner AND Ayyala Somayajulu Papa Rao & Another. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY C.R.P. No.5683 OF 2009 ORDER: Petitioner-plaintiff filed this revision under Article 227 of Constitution of India assailing the orders of I Additional Senior Civil Judge, Kakinada, dated 03.11.2009 in dismissing I.A.No.1084 of 2009 in A.S.No.117 of 2009 filed for appointment of Advocate- Commissioner to measure the suit schedule property. Petitioner, who instituted the above appeal, filed Ex.A.8, the report of the commissioner filed in O.S.No.1612 of 2002 on the file of Principal Junior Civil Judge, Kakinada contending that the property covered in that suit is the property abutting the plaint schedule property in the present suit, and that the commissioner who measured the property in that suit also gave observation in the said report and to prove the same, the Commissioner was also examined and the report was marked through him. On dismissal of the suit, the petitioner filed the above appeal and pending the same, he filed the impugned application for measuring the suit schedule property with reference to the respective sale deeds of both the parties as per the work memo to be filed. By the impugned order, the lower Court dismissed the I.A. holding that the application is filed at a very belated stage. Admittedly, when the report of the Commissioner in other suit was marked through an advocate-commissioner, and when it is not found favour with the petitioner, he came up with the present application to appoint an advocate-commissioner in the appeal, and if the same is allowed, the defendants will not have an opportunity to contest the report, if any, and therefore, the attempt of the petitioner is nothing but to gather the evidence in his favour. In view of the same, the impugned order does not suffer from any illegality warranting interference by this Court. The revision fails and is accordingly dismissed. No order as to costs. _______________ A. GOPAL REDDY, J. DECEMBER 11, 2009 Tsr.