THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.1129 OF 2011 ORDER: The petitioner-fifth defendant filed this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the order dated 11.03.2011 passed in I.A.No.95 of 2011 in O.S.No.4426 of 2006 on the file of the VI Junior Civil Judge, City Civil Court, Hyderabad, in allowing the petition filed under Order XXVI Rule 9 read with Section 151 of the Code of Civil Procedure, 1908, seeking to appoint an Advocate Commissioner to note down the physical features of structures of pent house existing over the premises No.10-2-8/2, in fifth floor, “Fairy Land Apartments”, Shanthinagar, A.C.Guards, Hyderabad, for the purpose of proper adjudication of the matter on merits and for other orders. The Court below appointed one Sri P. Achutham Reddy, Advocate, as Commissioner to inspect and note down the physical features of structures along with the technical assistance of a registered Civil Engineer. Admittedly, the suit is for mandatory injunction and having regard to the facts and circumstances and especially, in view of the reasoning given by the Court below to the effect that the present case entirely revolves around the disputed structures, which requires inspection by a technical person, I do not find any reason to interfere with the discretion exercised by the Court below. The Civil Revision Petition is, accordingly, dismissed. No costs. _________________ (B.PRAKASH RAO, J) 25th April 2011 RRB