Andhra Pradesh High Court

CRP/2653/2018 of MUDAVATH FAKEERA NAIK Vs RAMAVATH PEDDA DHARMA NAIK on 31 December 2021

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B.KRISHNA MOHAN CIVIL REVISION PETITION No.2653 of 2018 ORDER: - This civil revision petition is filed against the order passed in I.A.No.104 of 2018 in O.S.No.120 of 2010 on the file of Junior Civil Judge, Vinukonda dated 09.03.2018 dismissing the application for summoning of the Tahsildar

HON’BLE SRI JUSTICE B.KRISHNA MOHAN CIVIL REVISION PETITION No.2653 of 2018

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ORDER:-

This civil revision petition is filed against the order passed in I.A.No.104 of 2018 in O.S.No.120 of 2010 on the file of Junior Civil Judge, Vinukonda dated 09.03.2018 dismissing the application for summoning of the Tahsildar to produce the documents which were already filed by the respondents/plaintiffs.

2. Heard the learned counsel for the petitioners and the learned counsel for the respondents.

3. The petitioners herein are the petitioners in the IA and the defendants before the court below. The respondents herein are the respondents in the IA and the plaintiffs in the suit. The respondents initiated action in O.S.No.120 of 2010 on the file of Junior Civil Judge, Vinuikonda against the petitioners herein seeking for grant of permanent injunction with reference to plaint schedule property. The suit was contested by the petitioners herein. The trial was completed and it is brought to the notice of this court at the bar that the suit is now at the stage of arguments and the connected suit pending before the same court viz., O.S.No.3 of 2011 was also clubbed to the present suit and both are at the stage of arguments. While so, the petitioners herein filed the above said IA seeking for summoning of the Tahsildar for production of the documents of Adangal IB in Survey No.150 to an extent of Ac.2-83 cents.

4. The counsel for the petitioners submits that the same was dismissed against which this present revision is filed.

5. The counsel for the respondents submits that already those documents were marked both on the side of the plaintiffs as well as the defendants and the said documents sought to be examined through the Tahsildar are very much available by way of certified copies and they can be obtained if so required by the necessary party and the court below is right in rejecting the said application.

6. This court finds some force in the argument of the counsel for the respondents. The documents sought to be relied upon by either of the parties when they are available the same can be obtained by way of certified copies from the revenue department. It does not require summoning of an officer for that purpose to produce the said documents.

7. Accordingly, the Civil Revision Petition is dismissed. Both the parties shall cooperate with the trial court to proceed with the suit as expeditiously as possible.

As a sequel, the miscellaneous applications pending, if any, shall stand disposed of. There shall be no order as to costs.

______________________________

JUSTICE B.KRISHNA MOHAN

LMV

HON’BLE SRI JUSTICE B.KRISHNA MOHAN

CIVIL REVISION PETITION No.2653 of 2018

December 31, 2021

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