THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY C.R.P.No.5882 of 2009 ORDER: The petitioner filed O.S.No.6 of 2009 in the Court of Senior Civil Judge, Adilabad, against the respondents, for the relief of recovery of possession of the suit schedule property. The respondents filed a written statement and opposed the claim of the petitioner. The trial of the suit is said to be in progress. The petitioner filed I.A.No.245 of 2009, under Order 26 Rule 9 C.P.C., with a request to appoint a Commissioner; and to direct the Commissioner to measure the lands encroached by the respondents in Sy.No.36, with the assistance of Mandal Surveyor. The application was opposed by the respondents. The trial Court dismissed the I.A., through order, dated 28.10.2009. Hence, this revision. Heard Sri S.Surender Reddy, learned counsel for the petitioner, and Sri R.Srinivasa Rao, learned counsel for respondents. The only relief claimed by the petitioner, in the suit, is recovery of possession of the suit schedule property. It, obviously, means that the respondents are in possession of that property. The question of a Commissioner being appointed to measure the land that is under the occupation of the respondents, does not arise. The nature of rights of the parties, vis-à-vis the suit schedule property, needs to be decided on the basis of the evidence, which the parties may adduce. The trial Court has taken into account the scope of Order 26 Rule 9 C.P.C., on the one hand, and the ambit of the suit, on the other hand, and rejected the application. This Court does not find any basis to interfere with the same. The C.R.P. is accordingly dismissed. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY, J Dated:26.07.2010 GJ