THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CIVIL REVISION PETITION No.2449 of 2009 DATED: 16-02-2010 Between: Jagath Chandraiah. ..... PETITIONER And Midyala Shanthaiah & 5 others. .....RESPONDENTS ORDER: Petitioner is the plaintiff, who instituted O.S.No.146 of 2006 on the file of the Junior Civil Judge, Nagarkurnool for permanent injunction. In the said suit, defendants filed an interlocutory application on an earlier occasion seeking appointment of an Advocate- Commissioner. When the said application was allowed, petitioner herein approached this Court and filed C.R.P.No.5575 of 2007 and it appears, this Court was pleased to allow the said revision setting aside the said order, and remanded the matter to the trial Court for fresh adjudication. Pursuant thereto, the said application i.e., I.A.No.145 of 2007 was re-heard and the learned Junior Civil Judge by his order, dated 21- 01-2009, again appointed an Advocate-Commissioner. The said order is questioned in this revision. 2. As the notices sent to the respondents returned unserved, this Court directed the learned counsel for the petitioner to take out substitute service and accordingly, the learned counsel has taken out substitute service and filed proof. Despite the said paper publication, nobody appeared on behalf of the respondents. 3. Heard learned counsel appearing for the petitioner. None appeared for the respondents. 4. In my considered view, when it is a suit for injunction simplicitor there is no need of appointing any Advocate-Commissioner as if some localization of the suit schedule land is required. In a suit for injunction simplicitor, normally the Court has to rely on the documents filed by either party in coming to the conclusion as to whether the plaintiff is entitled for the relief sought for or not. 5. In the light of the above, the said order appointing the Advocate-Commissioner is not justified. Accordingly, the Civil Revision Petition is allowed and the order impugned in this petition is hereby set aside. As it is an old suit of the year 2006, particularly a suit for injunction simplicitor, the learned Junior Civil Judge is hereby directed to give utmost priority to the said suit and decide the same at the earliest, preferably within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. _______________________________ GOPALA KRISHNA TAMADA,J 16th February, 2010. Tsy