HONOURABLE SRI JUSTICE P.S.NARAYANA CIVIL REVISION PETITION No:144 OF 2010 Dated: 13.4.2010 Between: 1. Lingayati Hymavathi and others ..Petitioners And Boya Budda Bhagavanthappa .. Respondent. This Court made the following HONOURABLE SRI JUSTICE P.S.NARAYANA CIVIL REVISION PETITION No:144 OF 2010 ORDER: Heard the Counsel. The petitioners being aggrieved of the appointment of Commissioner exparte made in I.A.No.1368 of 2009 in O.S.No.269 of 2009 on the file of the Principal Junior Civil Judge, Adoni, had preferred the present civil revision petition under Article 227 of the Constitution of India. Sri A.V. Sivaiah, learned Counsel representing the petitioners- defendants made elaborate submissions relating to several factual controversies and also the pendency of another suit. The learned Counsel also would maintain that this application had been thought of only for the purpose of collection of evidence in a suit for mere injunction and the same is impermissible. In support of his contentions, the learned Counsel for the petitioners also relied upon the judgments rendered by this Court in Arredla Ram Reddy and others Vs. Arredla Alivelamma[1] and Jayalakshmi Constructions and another Vs. Nawab Behboob Ali Khan and others[2]. This Court is not inclined to express any opinion touching the merits and demerits, since the learned Principal Junior Civil Judge made an exparte order appointing the Commissioner. In the light of the same, the impugned order is set aside and let the learned Principal Junior Civil Judge, Adoni, give an opportunity to the revision petitioners as well to file counter in the application and let the learned Junior Civil Judge decide the application afresh after recording appropriate reasons. Accordingly, the Civil Revision Petition is allowed to the extent indicated above. No order as to costs. ______________________ Justice P.S. Narayana Date: 13th April, 2010 Nn. HONOURABLE SRI JUSTICE P.S.NARAYANA CIVIL REVISION PETITION No:144 OF 2010 13.04.2010 [1] 2005(1) ALT 28 [2] 2006(2) ALT 132