Tungala Venkata Sambasiva Rao v. The Junior Civil Judge Court,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18028 OF 2005 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioners to declare the docket order, dated 15.04.2005, in an I.A. filed under Rule 188(2) of the Civil Rules of Practice in O.S. No.69 of 1999, as contrary to Rule 188 of the Civil Rules of Practice and also violative of Article 14 of the Constitution of India and also to direct the 1st respondent to give copies of the documents as required by the petitioners.

Heard and perused the material available on records. The petitioners are third parties to O.S. No.69 of 1999 on the file of the Junior Civil Judge, Avanigadda. They filed the impugned I.A., to implead them as respondents to the suit and to furnish them the certified copies of the documents as per the copy application filed by them. The learned Magistrate rejected the said application on the ground that the petitioners are third parties to the suit and that they are no way concerned with the suit schedule property. Aggrieved by the same, this writ petition is filed.

After hearing the learned counsel for the petitioners and also after perusing the entire record, this Court is of the view that the writ petition is not maintainable against the order passed by the Junior Civil Judge, Avanigadda. The petitioners can approach appropriate forum for redressel of their grievance by invoking appropriate provisions.

Accordingly, the writ petition is dismissed. There shall be no order as to costs. The miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J March 17, 2015.

KTL