1. The plaintiff in the original suit, after loosing the legal battle in the trial Court, preferred an appeal before the lower Appellate Court in A.S.No.40 of 2011. In the said appeal, he filed an application in C.F.R.No.20317 of 2011 under Order 26, Rule 9 and Section 151 of the Code of Civil Procedure praying for appointment of a Commissioner to measure, demarcate and identify the suit property and fix the boundary line between the suit property and the highway poramboke land which is in the occupation of the respondents/defendants with the assistance of Taluk Surveyor. The said application was rejected by the learned lower Appellate Judge by an order dated 12.11.2011 as not maintainable. As against the said order, the present Civil Revision Petition has been filed.

2. Notice before admission was given to the respondent and the respondent has appeared through a counsel. The arguments advanced by Mr.N.Santhosh, learned counsel for the petitioner and by Mr.S.M.S.Shriram Narayanan, learned counsel for the respondent are heard. The materials produced in the form of typed set of papers are also perused.

3. The original suit was filed by the revision petitioner for the relief of