Smt. Vijayalaxmi And 22 Others v. Secretary Of Gram Panchayath

THE HON'BLE SRI JUSTI CE SANJAY KUMAR CI VI L REVI SI ON PETI TI ON No.4886 of 2017 ORDER:

This civil revision petition under Article 227 of the Constitution arises out of the order dated 23.08.2017 passed by the learned Junior Civil Judge, Pargi, Ranga Reddy District, in I.A.No.205 of 2017 in I.A.No.232 of 2016 in O.S.No.53 of 2016. The petitioners are the plaintiffs in the said suit which was filed for a perpetual injunction restraining the defendant Gram Panchayat from interfering with their peaceful possession and enjoyment over the suit schedule property, being the Gram Panchayat shops bearing Nos.1 to 3, 5 to 15, 17 and 18, 20 to 24 and 26 to 28 situated at Pargi Village and Mandal, Ranga Reddy District. The parties shall hereinafter be referred to as arrayed in the suit. The subject I.A.

was filed by the plaintiffs under Order 11 Rule 14 CPC seeking a direction to the defendant Gram Panchayat to produce the cancellation of the licence and lease agreements of the plaintiffs. By the order under revision, the trial Court dismissed the I.A. Interim stay of further proceedings in the suit was granted by this Court on 22.09.2017 taking note of the admission by the defendant Gram Panchayat as to the existence of leases between the parties earlier in point of time.

Sri G.Narender Reddy, learned standing counsel appearing for the defendant Gram Panchayat, would now state before the Court that it is a fact that lease agreements were executed by and between his client and the plaintiffs. He would however state that the term of the lease reserved thereunder has expired.

This aspect of the matter falls beyond the scope of the civil revision petition as this Court is only concerned with the production of the lease related documents.

As Sri G.Narender Reddy, learned counsel, states that all the available lease documents would be produced by the Gram Panchayat before the trial Court, the civil revision petition is allowed setting aside the order under revision. I.A.No.205 of 2017 in I.A.No.232 of 2016 in O.S.No.53 of 2016 on the file of the learned Junior Civil Judge, Pargi, Ranga Reddy District, is accordingly ordered permitting the defendant Gram Panchayat to place all the documents relating to the leases granted by it to the plaintiffs, which are available with it as on date, before the trial Court within three weeks from the date of receipt of a copy of this order. The trial Court shall take note of the aforestated documents and deal with the repercussions and consequences, if any, that arise therefrom in accordance with law.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _______________ SANJAY KUMAR,J Date:17.11.2017 PGS