THE HON’BLE SRI JUSTICE B PRAKASH RAO CIVIL REVISION PETITION NO. 5136 OF 2007 ORDER: Heard both sides. The petitioners herein are plaintiffs who filed this revision under Article 227 of the Constitution of India seeking to assail the order rejecting an application filed under Order 26 Rule 9 of Civil Procedure Code to appoint surveyor and to measure the suit property. The Court below after contest did not find favour with the petitioners and dismissed the application. Hence, the present revision. Having heard the counsel on either side and on perusal of the material, it is seen that even though the suit is contested and several pleas were raised by both the sides, including identity, however, the fact remains that trial is not commenced and so long as the petitioners does not prove their own case by adducing evidence and also the exigency for any such exercise of appointment of survey, it is not open to seek such indulgence at this stage. The application is premature and I do not find any justification to entertain the revision petition. Accordingly, the revision petition is dismissed, however, with liberty to the petitioner to file a fresh application after commencement of trail and making out a case for such warrant of exercise for appointment of any such commission, which will be taken up and considered independently and disposed of uninfluenced by any of the findings or observations made in the present proceedings. No Costs. _________________ B PRAKASH RAO,J DATE: 17.6.2010 TVK THE HON’BLE SRI JUSTICE B PRAKASH RAO CIVIL REVISION PETITION NO. 5136 OF 2007 Date: 17.6.2010