THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.4554 OF 2011 DT.29.10.2011 Between: Pemmasani Alivelu Mangamma … Petitioner And Ummalaneni Lakshmi Devi & ors … Respondents Counsel for the Petitioner: Sri N.Sriram Murthy Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No.4554 OF 2011 ORDER: The petitioner herein, who is the plaintiff filed this revision assailing the order dated 07-09-2011 made in I.A.No.646 of 2007 in O.S.No.111 of 2006, on the file of Principal Senior Civil Judge, Tenali wherein the application filed under Order 26 Rule 9 of the Code of Civil Procedure for appointment of an Advocate Commissioner to measure the plaint schedule property and that of the respondents-defendants 1 to 4 herein with the help of the Mandal Surveyor, Tenali to determine the boundaries of the plot of 3rd defendant and the plot of the petitioner-plaintiff was dismissed. I have gone through the order impugned. The Court below rightly dismissed the application filed by the petitioner for appointment of an Advocate Commissioner on the ground that the schedule property was earlier measured by the competent persons in the field and plans prepared by Surveyor as well as earlier Commissioner were filed along with the report by clearly mentioning the measurements and showing even the plot of the petitioner/plaintiff and there is no necessity of again measuring the schedule property. I am of the opinion that the Advocate Commissioner cannot be made use to gather evidence inasmuch as it is the responsibility and duty of the respective parties to prove their pleadings by adducing evidence independently. I do not find 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.4554 OF 2011 DT.29.10.2011 GRK