HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.3543 OF 2009 DATE:29-07-2011 BETWEEN Kolavennu Bala Vara Prasada Rao …Petitioner AND Smt.Darisi Saila Rani and others …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.3543 OF 2009 ORDER: Third defendant in the suit in O.S.No.77 of 2002 filed impugned I.A.No.7296 of 2007 under Order 16 Rule 1 C.P.C. for issuing summons to the Advocate-commissioner for the purpose of cross-examination in the final decree proceedings initiated in I.A.No.5038 of 2005. I.A.No.5038 of 2005 was filed for appointment of an Advocate-commissioner to divide the suit schedule property into 16 equal shares by metes and bounds and to submit a report to the Court for allotment of shares to the petitioner and for passing a final decree in terms of the preliminary decree. According to her, some irregularities took place at the time of conducting the proceedings by the Advocate-commissioner and therefore, she may be permitted to cross-examine the Advocate-commissioner with regard to the report filed by him. By order dated 9.3.2009 the lower Court allowed the impugned I.A. It is that order which is impugned in this revision. When an Advocate-commissioner, who was appointed to divide the properties by metes and bounds, files a report, necessarily he has to be examined into the Court on the objections raised by the parties to the report so submitted and in that process, the parties are entitled to cross-examine the Advocate- commissioner. In that view of the matter, no illegality is discernable with the order passed by the lower Court in exercise of the jurisdiction warranting interference by this Court. Further it is noticed that this Court permitted the Court below to proceed with the matter further except passing the final decree and it was made clear that the cross-examination of the Advocate-commissioner would be subject to the result of the suit. In view of the same, no cause survives in the revision. The revision is accordingly dismissed. No order as to costs. _______________ A. GOPAL REDDY, J. JULY 29, 2011 Tsr.