M.Aswarthamma v. A.Hara Gopal

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI C.R.P.No.1097 of 2017 ORDER:

Plaintiff in O.S.No.47 of 2009 on the file of Court of Additional Junior Civil Judge, Dharmavaram is the petitioner herein in the present revision filed under Article 227 of the Constitution of India. 2.

This Revision challenges the docket order dated 17.1.2017 passed by the said Court in I.A.No.4 of 2016.

3.

Heard the learned counsel for the petitioner. 4.

In O.S.No.47 of 2009, plaintiff/petitioner herein filed the present I.A.No.4 of 2016 under Order XVI Rule 15 of CPC, seeking direction to the Commissioner, Dharmavaram Municipality for causing production of records pertaining to B.A.No.138 of 2006 dated 2.6.2006 and approved plan of street survey plan of S.S.No.109 of Dharmavaram. The learned Judge, by way of order under challenge, rejected the said application by relying on the judgment of this Court in Vooda Venkat Rao and others v. Vooda Surya Ramu and others1. The learned Judge while dismissing the application, took into consideration Rule 129 of Civil Rules of Practice and Circular Orders, 1980 and categorically observed that the petitioner herein is entitled to obtain certified copies of the said documents as the same being public documents. 5.

Admittedly, in the present case, petitioner herein did not apply for certified copies, therefore this Court does not find any valid reason to meddle with the order passed by the Court below in exercising powers conferred under Article 227 of the Constitution of India. However, it is open for the 1 2016(6) ALD 59

petitioner to obtain certified copies of the documents from the authorities concerned.

6.

With the above observation, the C.R.P. stands dismissed. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

______________ A.V.SESHA SAI, J Date: 9.6.2017 DA

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI C.R.P.No.1097 of 2017 9.6.2017 DA