THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3519 of 2010 ORDER: The respondent filed O.S.No.5092 of 2009 in the Court of II Junior Civil Judge, City Civil Court, Hyderabad against the petitioners for the relief of declaration as to their respective rights vis-à-vis a building constructed by the respondent and for reliefs of mandatory and perpetual injunctions covering various aspects. The petitioners filed the written statement. It is stated that the trial of the suit has commenced with the filing of affidavit in lieu of chief examination on behalf of the respondent. The respondent filed I.A.No.1132 of 2009 under Order 26 Rule 9 C.P.C. with a prayer to appoint an Advocate Commissioner to verify about 8 or 9 aspects and to submit a report. The petitioners filed a counter affidavit opposing the application and raising several objections. Through its order, dated 26.07.200, the trial Court allowed the I.A. as prayed for. Hence, this revision. Heard Sri Avinash Desai, learned counsel for he petitioners and Sri Mohd. Ilyas, learned counsel who filed caveat on behalf of the respondent. The trial of the suit is almost at the initial stage. The reliefs claimed by the respondent in his suit are of different categories, ranging from declaration of rights to perpetual and mandatory injunctions. It is only during the course of trial that various aspects can come out. The assertion of the respondent as to existence of any structure or violation of his rights can certainly be projected in the trial. In a given case, he may even get answers in his favour either in the course of his evidence or during the evidence of the petitioners herein. If still any uncertainties exist, the parties may seek appointment of Commissioner to undertake any exercise, which in turn would help the Court in arriving at just and proper conclusion. A perusal of the functions that are assigned to the Commissioner in the order under revision discloses that they cover whole range of dispute between the parties and virtually nothing is left for trial in the suit. Further, the trial Court did not even take into account the objections raised by the petitioners by filing counter affidavit and appointed the Commissioner. Viewed from any angle, the order under revision cannot be sustained. The civil revision petition is accordingly allowed and the order under revision is set aside. It is however left open to the respondent to approach the trial Court with an application to appoint an Advocate Commissioner, depending upon the outcome of the trial, at the proper stage. There shall be no order as to costs. __________ 09.08.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3519 of 2010 Date: 09.08.2010 JSU