THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5125 of 2010 Dated:18.11.2010 Between: Nagalapuram Jayamma, And others. ….Petitioners And K.Swarnalatha. …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.5125 of 2010 ORDER: This Civil Revision Petition is filed against the order dated 27.09.2010 in I.A.No.1073 of 2010 in O.S.No.509 of 2008 by the defendants in the said suit. The respondent filed the suit for declaration of title in respect of plaint C schedule property to have ingress and egress to reach plaint B schedule property and for a consequential permanent injunction. The petitioners are opposing the suit. They filed I.A.No.1073 of 2010 for appointment of Advocate Commissioner to localize/measure the suit schedule property with the assistance of the Mandal Surveyor as per the unregistered partition deed dated 30.05.1974, and as per the sale deeds Ex.A1 and A2. The same was opposed. The Court below dismissed the Interlocutory Application observing that such an application would amount to collection of evidence. This Court heard the Counsel for the petitioners who submits that localizing/measuring the suit schedule property as per the sale deeds Exs.A1 and A2 and the partition deed is in the interests of justice. This Court is not able to accept the submission. There is no denial that after completion of the evidence by both sides, the application was moved. As rightly observed by the Court below, when the suit is for declaration of title in respect of plaint C schedule property, appointment of Advocate Commissioner would certainly amount to collection of evidence. The burden to prove the title and to seek declaratory decree certainly lies on the plaintiff. Therefore, the impugned order does not suffer from any error apparent on the face of the record. The Civil Revision Petition is, therefore, dismissed. __________________ (V.V.S.RAO, J) 18.11.2010 vs