( 1 ) THE petitioners filed o. S. No. 451 of 2004 in the Court of vh Additional District Judge, (Fast Track court), at Visakhapatnam, for the relief of declaration of title and perpetual injunction, in respect of the suit schedule property. The respondents, in turn, filed a counter claim, for the relief of recovery of possession, in respect of that very property.

( 2 ) THE respondents filed I. A. No. 201 of 2005 under Order XXVI Rule 9 C. P. C. for appointment of an Advocate commissioner, for the purpose of localizing the suit schedule property, with the help of competent surveyor, and to undertake certain ancillary steps. The trial Court allowed the LA. through order, dated 10-6-2005. The same is challenged in this civil revision petition.

( 3 ) SRI V. Ravinder Rao, the learned counsel for the petitioners submits that appointment of an Advocate Commissioner for the purpose of localizing the suit schedule property, much before the trial commenced, would amount to a step, enabling the concerned party to gather evidence. He contends that the very filing of such an application discloses that the respondents were not sure as to the property, in respect of which they are making their

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