IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.5690 of 2006 Between: Yalamarthi Venkata Raghavendra Rao ... PETITIONER AND Yalamarthi Vnkata Subba Rao and others ... RESPONDENTS ORDER: This revision is filed against the dismissal of application filed by the petitioner–plaintiff seeking appointment of Advocate Commissioner to note down the physical features of the schedule properties particularly with reference to the constructions existing in the schedule property and any construction material stored there, with a view to take up further construction. The said application was dismissed by the trial Court under the impugned order dated 01-11-2006. Along with the present application, I.A.No.5153 of 2006, petitioner also filed I.A.No.4930 of 2006 seeking injunction restraining the respondents from interfering with the peaceful possession and enjoyment of the schedule property. 2. The said application for injunction was also dismissed and thereby the petitioner filed CMA No.1015 of 2006 before this court and to the extent of dismissal of I.A.No.5153 of 2006 the present revision petition was filed. By order dated 19-04-2007 while admitting the Civil Revision Petition interim stay of all further proceedings in suit O.S.No.89 of 2006 before the learned II Additional District Judge, Vijayawada was granted. Said order is operating in this Civil Revision Petition. 3. Heard the learned counsel on either side. 4. Learned counsel for the petitioner points out that the impugned order passed by the Court below is devoid of any reasons and merely because I.A.No.4930 of 2006 filed for different relief was dismissed the court below has dismissed the present application also and therefore, has not considered the request of the petitioner for appointment of Advocate Commissioner. Further, one subsequent event has a bearing on the relief sought for by the petitioner. The appeal in CMA.No.1015/2006 filed by the petitioner against the dismissal of I.A.No.4930 of 2006 was disposed of by the Division Bench of this court by order dated 21-12-2006 and this court have issued directions to the respondents not to alienate or create third party interest over the suit schedule property and they were also not to make any further constructions in the suit schedule property, pending disposal of the suit. A direction was also given to the trial court to dispose of the suit within six (6) months. By virtue of the aforesaid directions of the Division Bench the respondents cannot either alienate or create any third party interest nor can make any construction over the suit schedule property. The purpose for which the petitioner has move the present application in I.A.No.5153 of 2006, therefore, prima facie does not any more survive and in view of the aforesaid orders of the Division Bench nothing survives for consideration in this Civil Revision Petition. 5. Hence, the Civil Revision Petition is liable to be dismissed especially as the direction of the Division Bench for disposal of the suit within six (6) months could not be implemented on account of the stay of all further proceedings operating in the present Civil Revision Petition. The trial court now shall give effect to the aforesaid direction of the Division Bench and dispose of the suit within six (6) months. 6. It is needless to observe that since the petitioners application for appointment of Advocate Commissioner impugned herein was dismissed without any independent adjudication, if a need arises for such inspection by Advocate Commissioner, in future the petitioner is at liberty to make an appropriate application before the Trial Court and this order shall not come in the way of consideration of such application. 7. With the above observation, the Civil Revision Petition is dismissed. There shall be no order as to costs. ____________________________ VILAS V. AFZULPURKAR, J April 08, 2010. PN THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.5690 of 2006 April 08, 2010