HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 1979 of 2010 Date: 23-07-2010 Between Shaik Abdul Kareem ………… Petitioners And Pamulapati Sivannanarayana and others. …… Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 1979 of 2010 ORDER: This Revision Petition is filed, under Article 227 of the Constitution of India, inter alia seeking to assail the order, dated 29-03- 2010 in I.A.No.407 of 2009 in O.S.No.910 of 2006 passed by III Additional Junior Civil Judge, Guntur. The learned counsel for the petitioner fairly submits that there cannot be any serious objection to the objection raised as to the maintainability of the Application filed by him seeking for appointment of a Commissioner under Order 26 Rule 9 of C.P.C. without filing an Application for reopening the suit. Hence, he seeks leave to file fresh Application along with an Application for reopening of the suit. In view of the same, the Civil Revision petition is dismissed giving liberty to the petitioner to file fresh Application along with an Application for reopening of the suit, and the same shall be considered and disposed of on merits by the lower Court, in accordance with law, independently uninfluenced by any observations made in this order. In the circumstances, no order as to costs. ________________ B. PRAKASH RAO, J Date: 23-07-2010 YCR