THE HON’BLE SRI JUSTICE V ESWARAIAH CRP NO. 403 OF 2010 DATE:8.7.2011 BETWEEN: Chennupati Venkatapathi petitioner And Sri Peddi Lakshmi and ors respondents Counsel for the petitioner : Mr.G Peddbabu Counsel for the respondents : Sri. B Narasimha sarma The Court made the following order: THE HON’BLE SRI JUSTICE V ESWARAIAH CRP NO. 403 OF 2010 ORDER: This revision under Article 227 of the Constitution of India is filed questioning the order dated 30.12.2009 in I.A. No. 488 of 2009 in O.S. No. 2258 of 2006 on the file of the I Additional Junior Civil Judge, Guntur, dismissing an application filed under Order XXVI Rule 9 of CPC for appointment of a Commissioner. Heard the learned counsel for both sides and perused the material available on record. It is to be noted that Advocate Commissioner can be appointed to simply note down the physical features and to render the clerical job, however, in the present case, the petitioner seeks appointment of Advocate Commissioner to inspect the plaint schedule property of the petitioner/plaintiff and properties of the respondents/defendants, to note the existing physical features of the plaint schedule property and properties of the parties to the suit, to draw the rough sketch of the same, to take inventory of the articles, to answer the work memos as per the pleadings and evidence of both the parties and to file a report in the Court, which would certainly amounts to gathering of evidence and is impermissible. Hence, the Court below rightly dismissed the said application on the ground that the petitioner failed to file such application at the earliest point of time and that the Advocate Commissioner cannot be appointed for collection of evidence in a suit for mandatory injunction. There is no illegality or irregularity warranting interference of this Court. Accordingly, the revision is dismissed. No costs. ______________ V ESWARAIAH,J DATE: 8.7.2011 TVK THE HON’BLE SRI JUSTICE V ESWARAIAH CRP NO. 403 OF 2010 DATE: 8.7.2011