HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 292 of 2009 Date: 04-03-2011 Between: Santosh Singh and others ……. Petitioners And Sri Vijay Kumar Chandak and others ….. Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 292 of 2009 ORDER: Heard both sides and at their request, the main Revision Petitions itself is taken up for disposal. The petitioners are the plaintiffs, who filed this Revision Petition under Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the order, dated 13-10-2008 in I.A.No.263 of 2008 in O.S.No.7990 of 2007 on the file of the VI Junior Civil Judge, City Civil Court, Hyderabad, purportedly filed by them under Order 26 Rule 9 read with 151 of C.P.C. seeking appointment of the Advocate Commissioner to note down the physical features of the schedule property especially in regard to the constructions, violations and deviations vis-à-vis the sanctioned plan issued by Municipal Corporation of Hyderabad. The Court below did not find favour and dismissed the application mainly on the ground that the petitioner cannot question and seek the same. Hence, the Revision Petition. Having heard the learned counsel on either side and also on perusal of the material on record, it is seen that the suit itself is one for injunction in respect of the alleged violations on the part of the respondents herein. It is further submitted that as the trial in the case is already in progress and it is only for the purpose of establishing the defendants’ illegal acts in regard to the violations and encroachments etc., such exercise is necessary. No doubt the Municipal Corporation has filed its written statement denying these aspects. But, however, if really the defendants have made any such violations, necessarily it shall be ascertained only by making a local inspection rather than by mere oral ascertainment and denial. In view of the same, the impugned order is liable to be set aside. Accordingly, the Civil Revision Petition is allowed. The order, dated 13-10-2008 in I.A.No.263 of 2008 is set aside. Consequently I.A.No.263 of 2008 stands allowed. The Court below shall appoint an Advocate Commissioner for the said purpose. No order as to costs. _________________ B. PRAKASH RAO, J Date: 04-03-2011 YCR