THE HONOURABLE SRI JUSTICE D.S.R.VARMA CIVIL REVISION PETITION No.1612 of 2010 ORAL ORDER: Despite service of notice, none appears for the respondent and there is no representation on his behalf. 2. Heard the learned counsel appearing for the petitioner. 3. This Civil Revision Petition is directed against the order, dated 22.03.2010, passed by the Rent Controller-cum-IV Additional Junior Civil Judge, Vijayawada, dismissing the application I.A.No.39 of 2010 in O.S.No.3727 of 2006, filed under Order XXVI Rule 9 and Sections 75 and 151 of the Code of Civil Procedure, seeking appointment of Advocate- Commissioner to conduct local investigation and to note down the physical features of the schedule premises duly preparing the rough sketch and to take down its measurements with the assistance of Mandal Surveyor. 4. The petitioner is the plaintiff and the respondent is the defendant in the suit. 5. It appears that the said application had been filed immediately after closure of evidence on behalf of both the parties. The suit was filed in the year 2006 seeking the relief of declaration of title and recovery of possession of plaint schedule property and the petitioner being the plaintiff has not taken any steps till now seeking appointment of Commissioner. Only when the evidence of both sides was adduced, the present application was filed. Therefore, it can be inferred that the plaintiff is now trying to gather evidence by way of localisation of the disputed property by the Advocate- Commissioner. In such a case, the petitioner cannot be permitted to take an undue advantage. Furthermore, the jurisdiction of the Court below, while passing the orders under Order XXVI Rule 9 CPC., is discretionary and I do not find any apparent error in the impugned order warranting interference by this Court. 6. For the aforesaid reasons, the Civil Revision Petition is liable to be dismissed and is, accordingly, dismissed, at the stage of admission. However, there shall be no order as to costs. ______________________ JUSTICE D.S.R.VARMA​ 16th April 2010 dr