HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.1242 OF 2011 DATE:15-04-2011 BETWEEN K.J.N.Prasad …Petitioner AND Gopu Muralidhar Arya and others …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.1242 OF 2011 ORDER: In a suit filed for declaration of title and recovery of possession, after closure of the evidence and when the suit is reserved for judgment, the plaintiff-petitioner herein filed impugned I.A.No.623 of 2010 for appointment of an advocate-commissioner to measure the plaint schedule property through surveyor and fix the boundaries. On dismissing the same, the present revision is filed. This Court in Sultan Saleh Bin Omer v. Vijayashchand Sirimal[1] and K.Ramachandra Murthy v. K.Rama Murthy[2] held that once the case is posted for judgment, the Court has no jurisdiction to reopen the suit for examining the witness afresh. It is not in dispute that after closure, if the advocate-commissioner is appointed, the petitioner will have to examine the advocate-commissioner to prove the report submitted by the commissioner. Therefore, after hearing the arguments and when the matter is posted for judgment, filing the impugned application is nothing but to protract the litigation and to gather the evidence on behalf of the petitioner-plaintiff. Therefore, the discretion exercised by the lower Court dismissing the impugned I.A. does not suffer from any illegality warranting interference by this Court. The revision fails and the same is accordingly dismissed. No order as to costs. _______________ A. GOPAL REDDY, J. APRIL 15, 2011 Tsr. [1] AIR 1966 AP 295 [2] AIR 1980 AP 265