THE HON’BEL SRI JUSTICE GHULAM MOHAMMED CRP NO.223 OF 2010 ORDER: This civil revision petition is filed against the order declining to appoint an advocate commissioner to make local inspection, verify the boundaries of the plaint schedule property and to measure the same with the assistance of Mandal Surveyor and to file report. 2. Heard the learned counsel for the petitioners. Perused the impugned order passed by the trial Court. 3. It is stated by the learned counsel for the petitioners that as the respondent merged the properties of his brother after the death of one Demudu, to verify the boundaries of the plaint schedule property etc., the trial Court ought to have allowed the application and appoint advocate commissioner to visit the suit property, to cull out the truth. 4. The suit is filed for partition of the suit property and for separation of the lands of late Demudu. The respondent is claiming the suit property under a Will said to have been executed by the said Demudu on 21-11-1998 and has been enjoying the said property with absolute rights. It is observed by the trial Court that there is no dispute with regard to the extents of lands. The area and the extent to which the respective parties are entitled will arise subsequent to passing of the decree. 5. Order 26, Rule 9 CPC stipulate the requirements for appointment of a commissioner for local inspection and discretion is vested with the Court. Unless the Court forms an opinion and also the purpose of inspection, appointment of commissioner will not serve any purpose and in this case the trial Court observed that appointment of commissioner will not serve any purpose as there is no dispute with regard to the boundaries of the suit property. The other allegations made are matters which shall have to be gone into during the course of trial by leading acceptable evidence. In the circumstances, the civil revision petition fails and it is accordingly dismissed, at the admission stage itself. ____________________ Ghulam Mohammed, J Dated:9-4-2010 Nrg/.