Thangallapally Sarangapani v. Kolanuru Venkataiah

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY CIVIL REVISION PETITION No.7041 of 2018 ORDER:

This civil revision petition, under Article 227 of the Constitution of India, filed by the petitioner/plaintiff, is directed against the order, dated 10.10.2018, of the learned Principal Junior Civil Judge, at Huzurabad, passed in IA.No.519 of 2018 in OS.No.30 of 2013, wherein the application filed by the revision petitioner/plaintiff, under Rules 126 and 127 of Civil Rules of Practice, for calling the entire record i.e., Proceedings File No.82/87, dated 16.06.1987, along with other documents annexed to the file pertaining to the house, which belongs to the vendor of the petitioner/plaintiff i.e., H.No.6-2-34 (Original Assessment Register since 1987) from concerned Commissioner, Municipality, Jammikunta, was dismissed.

2.

Heard Sri P.Giri Krishna, learned counsel appearing for the revision petitioner.

3.

A perusal of the impugned order goes to show that the petitioner without applying for the copies of the entire record i.e., Proceedings File No.82/87, dated 16.06.1987, from concerned Commissioner, Municipality, Jammikunta, filed the application in IA.No.519 of 2018 in OS.No.30 of 2013. Though it is alleged in the affidavit that the petitioner has filed such an application, he has not given any particulars. The respondents, in the counter affidavit, disputed the same. The Court below also found that the petitioner without making necessary application to the concerned Municipality has filed the present application under Rules 126 and

ARR, J C.R.P.No.7041 of 2018 127 of Civil Rules of Practice, without complying the conditions laid down therein. No infirmity is brought to the notice of this Court in the impugned order. The Court below has considered the issue in proper perspective and passed the impugned order and this Court do not see any infirmity in entertaining the revision petition.

4.

In the result, the Civil Revision Petition is dismissed. As a sequel thereto, miscellaneous petitions, if any, pending in this civil revision petition, shall stand closed. There shall be no order as to costs.

_____________________________ A.RAJASHEKER REDDY, J Date: 17th December, 2018 KL

ARR, J C.R.P.No.7041 of 2018 HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY CIVIL REVISION PETITION No.7041 of 2018 Date: 17th December, 2018 KL