THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.989 of 2010 ORDER: The petitioner filed O.S.No.45 of 2008 in the Court of Principal Junior Civil Judge, Narsapur against the respondents for the relief of perpetual injunction. They have also filed I.A.No.169 of 2008 under Order 39 Rules 1 and 2 of C.P.C., for temporary injunction. The trial Court dismissed the I.A. through order, dated 16.10.2008. Aggrieved thereby, the petitioner filed C.M.A.No.16 of 2008 in the Court of Senior civil Judge, Narsapur and the same is pending. The respondents filed I.A.No.2005 of 2009 under Order 26 Rule 1 C.P.C. with a prayer to appoint an Advocate Commissioner to visit the plaint schedule property, measure the tank and note the physical features. The application was opposed by the petitioner. The lower appellate Court allowed the I.A through order, dated 17.02.2010. Hence, this revision. Heard the learned counsel for the petitioner and the learned counsel for the respondents. The suit filed by the petitioner is one for injunction simplicitor. The question of appointing a commissioner even at the instance of the petitioner that too in the trial Court is impermissible at this stage. The appointment of a commissioner before commencement of the trial of the suit of this nature would be a step to gather evidence. In the appeal preferred by him, it is for the petitioner to establish prima facie case and balance of convenience before the lower appellate Court. The respondents cannot seek appointment of commissioner at that stage. Another curious aspect of the matter is that the lower appellate Court directed the trial Court to appoint a Commissioner and forward the report to it. Even this is somewhat extraordinary and contrary to settled procedure. Therefore, the civil revision petition is allowed and the order under revision is set aside. The lower appellate Court is directed to dispose of the appeal within a period of two months form the date of receipt of a copy of this order after hearing both the parties. There shall be no order as to costs. __________ 14.07.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.989 of 2010 Date: 14.07.2010 JSU