THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Revision Petition No.5129 of 2009 Date: 20-11-2009 Between Paladugu Sesha Ratnam … Petitioner/Respondent/ Plaintiff and Pulagam Rama Rao … Respondent/Petitioner/ Defendant THE HON’BLE SRI JUSTICE D.S.R.VARMA Civil Revision Petition No.5129 of 2009 Oral Order: Despite service of notice, none appears for the respondent- petitioner (defendant). 2. Heard Sri Penumaka Venkata Rao, learned Counsel appearing for the petitioner-respondent (plaintiff). 3. This revision is directed against the order and decretal order, dated 05-8-2009, passed by the Principal Junior Civil Judge, Avanigadda, Krishna district in allowing the application I.A.No.326 of 2009 in O.S.No.233 of 2008, appointing an Advocate- Commissioner exercising the jurisdiction under Order XXVI, Rule 9 and Section 151 of CPC, to note down the physical features of the petition schedule property by taking measurements, further to note down the surrounding physical features by showing the same in rough sketch with reference to the documents from both sides with reference to revenue record with the assistance of Mandal Surveyor. 4. Normally, the Court if satisfied that appointment of an Advocate-Commissioner is required, the said jurisdiction if exercised judiciously, for valid reasons, the same cannot be interfered with. 5. However, the report of the Advocate-Commissioner is not conclusive and the said report can always be subjected to scrutiny by examining the Advocate-Commissioner and despite the said report, the Court can arrive at a conclusion altogether independently and also after examining the relevancy of the report for rendering the judgment. Therefore, no apparent injustice is likely to be caused in the present case. 6. Hence, I do not find any such illegality or irrationality in the impugned order and the revision is devoid of any merit. 7. In the result, the revision is dismissed, at the stage of admission, confirming the order under revision. ___________________ JUSTICE D.S.R.VARMA 20th November, 2009. Ak