M/S Voltas Emplolyees Co-Operative House Building Society Li v. Indira Devi

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.461 OF 2015 ORDER:

Heard the learned counsel for petitioner and the learned counsel for respondents.

2. The petitioner herein is a third party to the suit O.S.No.276 of 1988 on the file of the Court of III Additional Senior Civil Judge at Secunderabad and he filed I.A.SR.No.8779 of 2014 in O.S.No.276 of 1988 seeking issuance of documents/certified copies of certain documents mentioned in the said application. The application was returned thrice and was resubmitted. Ultimately an endorsement was passed by the said Court stating that the concerned record was dispatched to III Additional District Judge, City Civil Court, Hyderabad on 10.04.2003 and accordingly returned the application by directing the applicant to approach the said Court. The applicant, instead of approaching the III Additional District Judge, City Civil Court, Hyderabad, has filed the present Civil Revision Petition.

3. It appears that the documents sought for by the petitioner were required for filing before the Supreme Court of India in SLP (Civil) Appeal No.21094 of 2003, which was coming up for hearing on 10.02.2015. The present Civil Revision Petition is filed seeking a direction to the I Additional Chief Judge, City Civil Court at Secunderabad to issue certified copies of documents sought for in I.A.SR.No.8779 of 2014 in O.S.No.276 of 1988. When the III Senior Civil Judge, City Civil Court at Secunderabad made an endorsement directing the petitioner to approach the III Additional District Judge, City Civil Court at Hyderabad, the petitioner should have approached the III Additional District Judge, City Civil Court at Hyderabad instead of filing the present Civil Revision Petition.

4. Hence, the present Civil Revision Petition is not maintainable and is,

accordingly, dismissed. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

_______________________________ A.RAMALINGESWARA RAO, J Date: 12.11.2015 TJMR