1. ' ANWAR ZAHEER JAMALI, J.--- This civil revision application has been preferred to impugn the order, dated 6-12-2006, passed by IVth Additional District Judge, Hyderabad in Civil Appeal No,110 of 2005, whereby an application under Order XVIII,. Rule 18, read with Order XXVI, rule 9, C.P.C. Dated 6-7- 2006, moved by the applicants was dismissed.
2. ' Heard the learned counsel and perused the case record which reveals that a similar application was earlier moved by the private respondents before the lower Court during pendency of F.C. Suit No,230 of 1997, whereupon order, dated 5-3-2003 as passed, containing the observations, which reads as under:-- "I, therefore, order that first the parties should lead their evidence and thereafter if found necessary orders according to law will be passed to dispose of this application."
3. ' Admittedly, at the time of passing of final judgment and decree in the said civil suit, the application moved by the private respondents was not disposed of by the learned Senior Civil Judge, and it was in these circumstances that at the appellate stage, present applicants had moved the Appellate Court for grant of same relief.
4. ' The submission of learned counsel for the applicants is that such site inspection report will elucidate the evidence already adduced by the parties in the suit, therefore, it will not cause any prejudice to the interest of either party. But the learned Appellate Court, without assigning any cogent reason, has turned down such request of the applicants.
5. ' Mr. Irfan Ahmed Qureshi, learned counsel for the private respondents in this revision application has not disputed the fact that his clients themselves had moved the lower Court for inspection of site, which application remained pending till the final disposal of the suit. He also did not dispute that inspection of site as requested before the Appellate Court by the applicants, will enable the Court to appreciate the evide ce adduced by the parties, in a more appropriate and effective manner.
6. ' This being the position, and with the consent of patties' counsel this revision application is allowed and disposed in the terms that the impugned order is set aside and the application for appointment of Commissioner (Exh.41) dated 6-7-2006 moved by the applicants is allowed as prayed.
7. ' The Commissioner appointed by this order will inspect the site of the properties in dispute and will submit his report before the Appellate Court within one month from the date of this order. He will also arrange photographs of the site at the cost of applicants, to be accompanied with his report for further elucidation of report. Fee of the Commissioner is fixed in the sum of Rs,3,000 which shall be paid to him directly by the applicants soon after submission of the report. The Appellate Court will hear and dispose of the appeal finally within three months from the date of this order.