Perka Simon Suman v. Senior Citizens Residential Welfare Association

THE HON'BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.4706 OF 2016

O R D E R

The petitioner is the 1st defendant in O.S.No.494 of 2007 on the file of the learned XVI Additional District and Sessions Judge, Ranga Reddy District at Malkajgiri. I.A.No.496 of 2016 was filed in the said suit by the petitioner/1st defendant under Order 16 Rules 6 and 7 CPC to summon the Municipal Commissioner, Kapra Municipality, along with the office record pertaining to W.P.No.6625 of 2007 filed before this Court. By order dated 26.08.2016, the trial Court dismissed the I.A. Hence, this revision petition. It appears that the petitioner/1st defendant also filed I.A.No.495 of 2016 to reopen the suit to permit him to adduce further evidence. This I.A. was dismissed by the trial Court vide order dated 26.08.2016. Aggrieved by this dismissal, the petitioner/1st defendant filed C.R.P.No.4846 of 2016 before this Court.

However, by order dated 09.12.2016, this Court held that the CRP was devoid of merit and dismissed it. As the attempt of the petitioner/1st defendant to reopen the suit for adducing further evidence, i.e., by summoning the Municipal Commissioner, Kapra Municipality, along with the record, has already failed, no further adjudication is warranted on merits in this civil revision petition.

The civil revision petition is accordingly dismissed. Pending miscellaneous petitions shall also stand dismissed in the light of this final order. No order as to costs.

______________________ SANJAY KUMAR, J 3rd FEBRUARY, 2017 Svv