HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO.4982 OF 2011 ORDER: This Civil Revision Petition is filed against the order dated 30.06.2011 passed in I.A.No.84 of 2011 in O.S.No.3432 of 2009 by the IV Junior Civil Judge, City Civil Court, Hyderabad, dismissing the said I.A. filed under Order 26, Rule 9 read with Section 151 of CPC to appoint an Advocate Commissioner to note down certain physical features. 2. The plaintiff is the petitioner herein. The allegations made by the petitioner, which is a society, is that the respondents in collusion with each other have constructed a compound wall and also structures in the premises bearing No.9-1-34/15/A/75, by occupying five manholes and public road etc. and, therefore, the petitioner sought for appointment of Advocate Commissioner to note down the existence of the said manholes and 20 feet wide public road and the alleged construction of the compound wall by the respondents. 3. By the impugned order, Court below having noticed that there was no documentary evidence to show the existence of the 20 feet wide public road and the manholes in the premises and allegedly occupied by the respondents, dismissed the petition. Hence this Civil Revision Petition. 4. Heard learned counsel for the petitioner. Perused the impugned order passed by the Court below. 5. It is observed by the Court below, that there was no prima facie evidence authenticating the allegation made by the petitioner society to the effect that the respondents herein have constructed compound wall and also structures in the premises in question by occupying five manholes, the relief to appoint Advocate Commissioner was rightly reduced. It is needless to mention that a party has to win or loose on his own case but not otherwise. Appointment of advocate Commissioner depends on a set of facts and circumstances of each case and the Court below has concluded that there was no compelling circumstances to appoint Commissioner, which being a discretionary order does not warrant any interference by this Court. This Civil Revision Petition fails and is accordingly dismissed, at the admission stage itself. __________________________ Ghulam Mohammed, J Dated: 03.12.2011 Nrg