THE HON’BLE SRI JUSTICE B PRAKASH RAO C R P NO. 2929 OF 2008 ORDER: Heard both sides. The petitioner /defendant filed the present revision under Article 227 of the Constitution of India, seeking to assail the order rejecting an application under Order 26 Rule 9 read with section 151 of Civil Procedure Code to appoint an Advocate Commissioner for the purpose of making local inspection. In a suit for injunction, since the dispute is in regard to very identity as such, as to where the suit property situate i.e., either in 16 or 17 and further as stated by the respondent the suit building is in dilapidated condition, it is for this reason, the petitioner wants an Advocate Commissioner to be appointed. However, the Court below, taking into consideration the objection taken by the respondent herein that it amounts to gathering of evidence, dismissed the said application. Hence, the revision. Having heard the counsel on either side and on perusal of the material available on record, especially the suit being one for mere injunction, and there being a dispute as to the identity of the building and also its condition, in such an event, appointment of Advocate Commissioner, does not amount to collection of evidence and necessarily only by exercise of a local inspection through Advocate Commissioner, such facts can be elicited. In the circumstances, the order dated 27.6.2008 is set aside and I A No. 495 of 2008 is allowed. Accordingly, the revision is allowed. No costs. _________________ B PRAKASH RAO,J DATE: 29.7.2010 TVK THE HON’BLE SRI JUSTICE B PRAKASH RAO C R P NO. 2929 OF 2008 Date: 29.7.2010