IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE R. SUBHASH REDDY Civil Revision Petition No.5124 of 2010 Between: Rachapudi Sujana, W/o.Raveendra, Aged about 30 years, Occ:housewife, R/o.D.No.14/336, Nayeebrahmin Street, Nellore … Petitioner And Dubagunta Muralimohan Rao, S/o.Sreeramamurthy, aged about 60 years, Nellore … Respondents Order: This civil revision petition, under Article 227 of the Constitution of India, is filed aggrieved of the order dated 29-09-2010 passed in I.A.No.1040 of 2010 in O.S.No.112 of 2009 by the learned Principal Junior Civil Judge, Nellore. Petitioner herein is the plaintiff in the aforesaid suit. She filed the said suit against the respondent herein for injunction simplicitor. At the stage of examination of P.W.2, the petitioner filed I.A.No.1040 of 2010 under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 seeking appointment of an Advocate-Commissioner to note down the super structures raised by the respondent. The Court below, by the impugned order, rejected the said application. Hence, this revision petition. It is the case of the petitioner herself that during pendency of the suit, respondent has raised structures by engaging labour on the midnight of 13-09-2009, i.e. nearly about an year prior to her filing the application. It is to be noted that if any structures were being raised by the respondent herein, the petitioner could have as well got the same elicited during recording of evidence. In view of the nature of the suit, if the application is allowed, it amounts to gathering of evidence. Thus, the Court below has rightly rejected the application of the petitioner. In that view of the matter, I do not find any illegality in the impugned order, which warrants interference under Article 227 of the Constitution of India. Civil revision petition is devoid of merits and is accordingly dismissed. No order as to costs. ___________________ (R. SUBHASH REDDY, J) November 19, 2010 MRR