V. APHC010349172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ■ TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 1904 OF 2024 Petition under Article 227 of the Constitution of India, aggrieved by the order and decree dated 23-07-2024 passed by the III Additional Junior Civil Judge, Rajahmundry, East Godavari District in LA. No. 222/2024 in O.S. No. 616/2017. Between: Mutyam Yaminin Satya Devi, W/o.Kalyan Naga Shyam, D/o. Mutyam Nagaeswararao, age 33 years, R/o. Housing Board Colony, Lalacheruvu, Rajahmahendravaram ...Petitioner/Plaintiff AND 1. Taneeru Sitaramayya, (Died) 2. Taneeru Durga Prasad, S/o. Taneeru Sitaramayya, age 45 years, D.No. 5-140, Patammapeta, Danavayyapeta, Chagallu, West Godavari District. 3. Taneeru Mahalakshmi, W/o. Durga Prasad, age 40 years, D.No. 5-140, Patammapeta, Danavayyapeta, Chagallu, West Godavari District 4. Taneeru Naga Tulasi, D/o. Durga Prasad, age 40 years, D.No. 5-140, Patammapeta, Danavayyapeta Chagallu, West Godavari District 5. Taneeru Prasanthi, D/o. Durga Prasad, age 40 years, D.No. 5-140 Patammapeta, Danavayyapeta, Chagallu, West Godavari District 6. Taneeru Lokesh, S/o. Durga Prasad, age 40 years, D.No. 5-140 Patammapeta, Danavayyapeta, Chagallu, West Godavari District ...Respondents/Defendants lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in O.S. No. 616/2017 on the file of the III Additional Junior Civil Judge, Rajahmundry, East Godavari District pending disposal of the revision petition. Counsel for the Petitioner: Sri Thota Ramakoteswara Rao Counsel for the Respondents: Sri P Rajesh Babu The Court made the following order: APHC010349172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Wi [3505] TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR CIVIL REVISION PETITION NO: 1904/2024 Between: 1.MUTYAM YAM ININ SATYA DEVI, W/O.KALYAN NAGA D/0. MUTYAM NAGAESWARARAO, AGE 33 SHYAM, YEARS, R/0. HOUSING BOARD COLONY, LALACHERUVU, RA J AH M AH E N D RAVARAM ...PETITIONER AND 1.TANEERU SITARAMAYYADIED, (DIED) 2.TANEERU DURGA PRASAD, S/0. TANEERU SITARAMAYYA, AGE 46 YEARS, D.NO. 5-140, PATAMMAPETA, DANAVAYYAPETA, CHAGALLU, WEST GODAVARI DISTRICT 3.TANEERU MAHALAKSHMI, W/0. DURGA PRASAD, AGE 40 YEARS, D.NO. 5-140, PATAMMAPETA, DANAVAYYAPETA, CHAGALLU, WEST GODAVARI DISTRICT 4.TANEERU NAGA TULASI, D/0. DURGA PRASAD, AGE 40 YEARS, D.NO. 5-140, PATAMMAPETA, DANAVAYYAPETA CHAGALLU, WEST GODAVARI DISTRICT 5.TANEERU PRASANTHI, D/0. DURGA PRASAD, AGE 40 YEARS, D.NO. 5-140, PATAMMAPETA, DANAVAYYAPETA, 2 TCDS,J C.R.P.No.l904of2024 CHAGALLU, WEST GODAVARI DISTRICT 6.TANEERU LOKESH, S/0. DURGA PRASAD, AGE 40 YEARS D.NO. '5-140, PATAMMAPETA, CHAGALLU, WEST GODAVARI DISTRICT DANAVAYYAPETA, ...RESPONDENT{S): Petition under Article 227 of the Constitution of India, praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to aggrieved by the order and decree- elated 23-07-2024 passed by the III Addl. Junior Civil Judge, Rajahmundry East Godavari District in LA. No. 222/2024 in O.S. No. 616/2017 lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the Circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased grant stay of all further proceedings m O.S. No. 616/2017 on the file of the III Addl. Junior Rajahmundry, East Godavari District pending disposal revision petition and pass Civil Judge, I of the Counsel for the Petitioner: 1.THOTA RAMAKOTESWARA RAO Counsel for the Respondent(S): 1.P RAJESH BABU 2. 3 TCDSJ C.R. P.No.1904 of 2024 The Court made the following order: The present Civil Revision Petition is filed questioning the order dated 23.07.2024 passed in I.A.No.222 of 2024 in O.S.No.616 of 2017 on the file of III Additional Junior Civil Judge, Rajahmundry. 2. The petitioner is the plaintiff in the said suit. He filed the above suit for perpetual injunction against the defendants restraining them from interfering with the possession and enjoyment of the petitioner over the plaint schedule property admeasuring to an extent of Ac.1.40 cents in Sy.No.770 of Palacherla Village, Rajanagaram Mandal, East Godavari District. 3. it is the case of the petitioner that he filed an application vide l.A.No.222 of 2024 under Order 16, Rule 1 and Section 151 of C.P.C. seeking to issue summons to Tahsildar, Rajanagaram Mandal to cause production of documents i.e., 1) FMB, 2) Manual Adangal, 3) Webland Adangal for the period 2016 to 2024 and 4) L.P.M. sub division relating to Sy.No.770 of Palacherla Village. A counter affidavit is filed by respondent Nos.2 to 6 and upon considering the submissions made by both the parties, the trial Court vide impugned order dismissed the said application. Questioning the same, the present revision petition is filed. 4 TCDSJ C.R.P.No.l904of2024 4. Heard learned counsel for the petitioner and learned counsel for the respondents. Perused the material available on record. 5. The learned counsel for the petitioner would submit that the present application is filed, as the subject survey number got sub divided, and a new survey number was assigned as R.S.No.770/1H, to the suit schedule property. The learned counsel for the petitioner would further submit that as suit schedule property fell in R.S.No.770/1H after the sub-division, it necessitated him to file the present application. He would further submit that since there is ambiguity with regard to the survey number of the suit schedule property, after sub-division, it is necessary to cause production of documents aforementioned by summoning the Tahsildar. On the other hand, learned counsel for the respondents would submit that the present application is filed only to drag on the proceedings in the suit and if at the documents are necessary, the petitioner can obtain certified copies of the same by making an application to the concerned Tahsildar. The trial Court after 6. considering the case, dismissed the same on the ground that the petitioner instead of obtaining the certified copies of the documents mentioned in the petition, he filed the present application. C.R.P.No.1904 of 2024 On perusal of the affidavit filed in support of the present application, it is clear that, he want to summon the Tahsildar to prove that, the suit schedule property was assigned with RS No.770/14 after the Sub-Division. If the petitioner wants to establish the same, it is always open to him to obtain certified copies and place it before the trial court. 7. 8. On perusal of the affidavit filed in support of the present application, absolutely nothing is stated as to why the Tahsildar’s presence is necessary to decide the alleged ambiguity with regard to the survey number. As rightly observed by the trial Court, the petitioner can obtain certified copies of the said documents, so as to prove his case. 9. In view of the same, this Court does not find any infirmity illegality in the order. 10. Accordingly, the Civil Revision Petition is dismissed. It is needless to mention that it is always open to the petitioner to obtain the certified copies of revenue records and file the same before the Court below for proper adjudication of the matter. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To The III Additional Civil Judge (Junior Division): Rajahmundry, East Godavari District. 1. % 2. The IV Additional Civil Judge (Junior Division): Rajamahendravaram East Godavari District. 3. One CC to Sri Thota Ramakoteswara Rao Advocate [OPUC] 4. One CC to Sri P Rajesh Babu Advocate [OPUC] 5. Two CD Copies SAM nm HIGH COURT DATED:01/07/2025 ORDER CRP No. 1904 of 2024 8=> .=5 n maw •i. W ^ . Current Section . DISMISSING THE CRP