M/S. Gautam Bhavan v. Sakunthala Sahu

THE HON'BLE SRI JUSTICE G.CHANDRAIAH C.R.P.NOS.4883 AND 5062 OF 2014 AND 13 AND 133 OF 2015 COMMON ORDER Heard both the counsel.

2. The revision petitioner, which is a registered partnership firm, in all the revisions is the tenant in R.C.C.No.10 of 2010 filed by the respondents - landlords on the file of Rent Controller at Visakhapatnam. It filed I.A.Nos.269, 270, 271 and 272 of 2014 in R.C.C.No.10 of 2010, to send for the documents in several courts and from the II Additional District Court, Visakhapatnam for the purpose of marking the said documents on its side. By the impugned common order dated 20.11.2014, the trial court dismissed the said applications and aggrieved by the same, the present revision is filed.

3. The petitioner is the tenant and the respondents are the land lords in a case filed for eviction. The dispute pertains to quantum of rent and with regard to the jural relationship. From the material on record it could be seen that the petitioner has not stated the relevancy and those documents, which it seeks to send for, are on the file of different courts, are marked documents, which could be obtain by way of certified copies and in the affidavits filed in support of the petitions it is stated that in spite of best efforts it could not be obtained, which cannot be considered as sufficient or reasonable ground. Further, the matter is long pending matter, coming up for arguments and at that stage the matter was reopened and the petitioner also filed written arguments and thereafter also the matter underwent several adjournments.

The trial court found that the documents which the petitioner is seeking to send for, are in no way relevant to determine the nature of the dispute involved between the parties and that the present applications are filed at the belated stage to drag on the proceedings. Having regard to the facts and circumstances, I do not find any reason to interfere with the impugned common order and the revision petitions are liable to be dismissed.

4. Accordingly the revision petitions are dismissed. No costs.

5. Miscellaneous petitions pending if any, shall stand closed.

AVS ------------------------------------------ 23-01-2015