THE HON'BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.1816 of 2010 Date: 29.04.2010 Between: Tallepally Jaipal Warangal District ..... PETITIONER AND Smt. Rasool Bee Karimnagar and others. .....RESPONDENTS ORDER: The petitioner/first defendant filed this Civil Revision Petition under Article 227 of the Constitution of India against the order and decree dated 08.02.2010 passed by II Additional Junior Civil Judge, Warangal in I.A.No.2387 of 2009 in O.S.No.1027 of 2009. The first respondent/plaintiff filed the suit for injunction simplicitor. In the said suit, the petitioner herein filed the present Interlocutory Application under Order 26 Rule 9 r/w Section 151 C.P.C. for appointing a Surveyor as Commissioner to note down the physical features of the suit schedule property, locate the property of the plaintiff and demarcate the lands in S.Nos.1, 1/2 and 4/2 and existence of graves in the said survey numbers. The Court below by the impugned order dismissed the Interlocutory Application by recording a finding that appointment of Surveyor as Commissioner as sought for by the petitioner amounts to gathering of evidence. It is submitted by the learned counsel for the petitioner that the first respondent/plaintiff is constructing her house by occupying the graves, and therefore, it is necessary to resolve the dispute by appointing a Surveyor as Commissioner. He relied upon the judgments of this Court i n CHINTAPALA ARVIND BABU v. SMT.K.BALAKISTAMMA ALIAS BHARGAVI[1] and J.P.SUBBAMMA v. N.RAVI KUMAR REDDY[2], wherein it was held that the appointment of Commissioner is to be considered with reference to the facts of each case. In view of the facts and circumstances of the instant case, the said judgments cannot be applied. Having regard to the facts and circumstances of the case, and since it is the specific case of the first respondent/plaintiff that she is in possession of the suit schedule property, the petitioner/first defendant cannot seek appointment of Commissioner as prayed for, so as to note down the physical features of the suit schedule property and locate the property of the first respondent/plaintiff. Therefore, the Court below has rightly held that if any Surveyor is appointed for the purpose as prayed for, it amounts to gathering of evidence. Hence, I do not find any illegality in the impugned order warranting interference of this Court. The Civil Revision Petition is devoid of merits and the same is accordingly dismissed. There shall be no order as to costs. R.SUBHASH REDDY, J Date: 29.04.2010 va [1] AIR 1992 ANDHRA PRADESH 300 [2] 2001(6) ALT 101