K. Rajendra Prasad v. Narsing Singh

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.615 of 2015 27.02.2015 Between:

K.Rajendra Prasad and another

...Petitioners

And Narsing Singh

...Respondent

Counsel for the petitioners: Sri G.Ashok Counsel for respondent: -- The Court made the following:

ORDER:

This civil revision petition arises out of the order, dated 16.12.2014, in I.A.No.555 of 2014 in O.S.No.20 of 2012 on the file of learned Junior Civil Judge, Chevella, Ranga Reddy District. The respondent filed the aforementioned suit for perpetual injunction against the petitioners in respect of land admeasuring Ac.5.04 guntas in survey No.312 situated at Singapur Village, Shankerpally Mandal, Ranga Reddy District. Evidently, after the commencement of the trial, he has filed the aforesaid I.A. under Order VII Rule 14(3) read with Section 151 C.P.C. for receiving additional documents, such as certified copies of pahanis for the years 2011 to 2014 purporting to show his possession and enjoyment over the suit schedule property. The lower Court, by the aforementioned order, allowed the I.A. At the hearing, the learned counsel for the petitioners does not dispute that his clients have not filed counter-affidavit before the lower Court opposing the aforesaid I.A. and the reasons therefor have not been put-forth in this revision.

As the petitioners failed to oppose the aforementioned I.A., the lower Court allowed the same, however, by adding the condition that the documents are received subject to proof, relevance and admissibility. If the petitioners have any legitimate objection for marking of the said documents, they are entitled to raise such objections at the relevant time. In the wake of the aforesaid facts and circumstances of the case, I do not find any jurisdictional error in the order of the lower Court warranting interference of this Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.

Accordingly, the Civil Revision Petition is dismissed. As a sequel to dismissal of the Civil Revision Petition, C.R.P.M.P.No.804 of 2015 filed by the petitioners for interim relief also stands dismissed.

__________________________ (C.V.NAGARJUNA REDDY, J) 27th February, 2015 GHN