O R D E R

The Civil Revision Petition is filed challenging the order passed by the trial Court dismissing the application filed by the petitioners seeking to measure the property with the help of surveyor.

2. The petitioner herein filed a suit seeking declaration of his right of pathway in A, B, C, D cart track in S.No.59/2A2A to reach the main road as denoted in the plaint plan and for direction to respondents to remove superstructures put up by them in the suit A, B, C, D cart track.

3. Earlier at the instance of the petitioner, an Advocate Commissioner was appointed and he visited the property and noted down the physical features. In the report submitted by the Advocate Commissioner, it was mentioned by him that the pathway referred to by the petitioner could not be identified on ground and in order to identify the same, the services of Surveyor and Village Administrative Officer were required.

4. Thereafter, the petitioner herein filed the instant application seeking appointment of Advocate Commissioner for local inspection with qualified Surveyor. The said application was dismissed by the trial Court on the ground that the petitioner has to establish the existence of the suit cart