M.Vijaya Laxmi v. Najmunnisa Begum

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.2228 OF 2015 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the defendant in O.S.No.310 of 2013 on the file of II Junior Civil Judge, City Civil Court, Hyderabad, aggrieved by the order, dated 28.04.2015, passed in I.A.No.24 of 2015 in the said Suit. Respondents filed the aforesaid Suit for eviction and recovery of possession of suit schedule property i.e., house bearing municipal No.1-7-138/1/B, admeasuring 285.61 Square Yards situated at Risalagadda, Zamisthanpur, Musheerabad, Hyderabad, disputing the title of the petitioner. In the aforesaid Suit, respondents have also filed I.A.No.24 of 2015 seeking to receive the document which covers an extent of 3,872 Square Yards covered by S.No.35/179, Ward No.1, T.S.No.35. By impugned order, dated 28.04.2015, the trial Court allowed the I.A..

It is submitted by the learned counsel for petitioner that no valid reason is assigned to receive the said document at this stage, which is for an area of 3,872 Square Yards. Though the petitioner is claiming title over an extent of 285.61 Square Yards in the same T.S.No., as the respondents are disputing the same, it cannot be said that the Court below ought to have refused to receive the

document in question. With regard to the grievance or otherwise to the extent of land in the document, it is a matter to be decided at the stage of disposal of the Suit, but the same is not a ground to interfere in the matter. Accordingly, the revision petition is dismissed. Miscellaneous Petitions, if any, pending in this revision petition shall stand closed. No costs.

______________________ R.SUBHASH REDDY, J July 03, 2015 MD