Partly allowed

Lalitha Kumar and Another v. P.Lakshmi Devi and 5 Others

Andhra Pradesh HC1 Sept 2024CRP/2615/2018

Case brief

AI extract

What is this about?

While confirming that certified copies were available via RTI, the court set aside the order summoning the Tahsildar for trial because the lower court failed to comply with Rule 129(c). Conversely, the court dismissed the writ petition challenging the reopening of plaintiff evidence. CRP No. 2615 allowed; CRP No. 2312 dismissed.

What did the court decide?

Set aside the common order to the extent of summoning the Tahsildar; allow CRP No. 2615 of 2018 and dismi ss CRP No. 2312 of 2018.

Lalitha Kumar and Another Vs P.Lakshmi Devi and 5… — Property and Title | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶2

MONDAY, THE SECOND DAY OF SEPTEMBER

¶3

TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

¶6

CIVIL REVISION PETITION NOS: 2312 & 2615 OF 2018

¶7

CIVIL REVISION PETITION NO: 2312 OF 2018

¶8

Petition under Article 227 of the Constitution of India, against the Order and Decree in I.A.No.162 of 2018 in O.S.No.40 of 2006 dated 28-022018 on the file of the Court of the III Additional District Judge, Tirupati.

¶9

Between:

¶10

Lalitha Kumar, S/o.T.Devanarayiana Reddy, Hindu, aged about 37 years. Landlord, R/o.D.No.19-9-4, Tiruchanoor Road, Tirupati, Chittoor District.

¶11

T.Ravi Kumar, S/o.T.Devanarayana Reddy, Hindu, aged about 35 years. Landlord, R/o.D.No.19-9-4, Tiruchanoor Road, Tirupati, Chittoor District.

¶12

...Petitioners/Respondents 3 & 4/Defendants 3 & 4

¶13

AND

¶14

P.Lakshmi Devi, W/o.P.R.Dakshina Moorthy, Hindu, aged 73 years Landlady, R/o.Peria Mittor Village, Vennampalli (Via) Walaja Taluk, North Arcot Dist, Tamilanadu State.

¶15

T.Peda Veeramma.

¶16

T.Devanarayana Reddy.

¶17

T.Madhulatha.

¶18

V.Karunakar Reddy.

¶19

V.Eswari.

¶20

(There is no relief claimed against the Respondents 2 to 6. Hence not necessary)

¶21

...Respondents/Petitioners/Plaintiffs/Respondents 1 2, 5 to 7

¶22

lA NO: 1 OF 2niQ

¶23

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i ' in support of the petition, the High Court may be pleased to recall the order dt. 18.06.2019 passed by this Hon'ble Court in CRP.No.2312 of 2018 to decide CRP on merits.

¶24

lA NO: 1 OF 209d

¶25

Between:

¶26

P. Lakshmidevi, W/o. P.R.Dakshinamoorthy reddy R/o.Peria Mittor village, Vennampalli (via), Walaja taluq. North Arcot district (Died).

¶27

S. Revathi, w/o A.V.Sridhar Reddy, Hindu aged about 62 years,

¶28

residing at Periyambadi village and post, Yadamarri mandal, Chittoor district.

¶29

D. Anuradha w/o Devendra, Hindu, aged about 60 years, R/o.No.48

¶30

R.R.Avenue, Bhavani nagar, KT road, Tirupati, Tirupati district.

¶31

P.D.Ramakrishna, s/o late Dakshinamoorthy Reddy Hindu, aged about 56 Years, R/o, Periamittoor Village and Post, via Vennampaili, Katpadi. Vellore district, Tamil Nadu.

¶32

¶33

P.D.Chandramouli, s/o late Dakshinamoorthy Reddy, Hindu, aged about 52 years, R/o. Periamittoor village and post, via Vennampalli, Katpadi, Vellore district, Tamil Nadu.

¶34

...Petitioners No.2 to 5/Proposed Petitioners

¶35

(Note:-Petitioners are the proposed legal heirs of deceased Petitioner in I.A.No.1 of 2019 in C.R.P.No.2312.)

¶36

AND

¶37

T.Lalitha Kumar. S/o.T.Devanarayana Reddy, Hindu, Aged: 37 years, Occ:Landlord, R/o.D.No.19-9-4, Tiruchanoor Road, Tirupati, Chittoor District.

¶38

T.Ravi kumar, S/o.late T.Devanarayana Reddy, Hindu, aged about 24 years, Occ:Landlord, R/o.D.No. 19-9-4, Tiruchanoor Road, Tirupati, Chittoor District

¶39

...Respondents/Petitioners

¶40

T.Pedda Veeramma, W/o late T..Adisesha reddy, Hindu, aged about 85 years, Tamilnadu.

¶41

T.Devanarayna Reddy (died)'

¶42

T.Madhulatha D/o late Devanarayana reddy, Hindu, aged about 28 years, Tamilnadu.

¶43

V.Karunakar reddy s/o Raja reddy, Hindu, aged about 50 years, R/o.D.No. 12-3-232A, Isulka street, Tirupati.

¶44

Y.Eswari w/o Y.Seshadri Reddy, Hindu, aged about 40 years, R/o.Perumallapalli village, Tirupati Rural Mandal,^{Chittoordistrict.}

¶45

... Respondents/Respondents 2 to 6 in CRP

¶46

(Note. Respondents 3 to 7 are not necessary Parties in Present Application).

¶47

Petition under Section 5 of Limitation Act read with Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit us to Come on record as LR’s of Deceased Petitioner in I.A.No.1 of 2019 in CRP.No.2312 of 2018 by Condoning the delay of 497 days in filing the L.R petition for setting aside the abatement in I.A.No.1 of 2019 in CRP.No.2312 of 2018 to prosecute the subject matter in the interests of justice and equity. Else we will be put to irreparable loss, damage and injury.

¶48

lA NO: 2 OF 2024

¶49

Between:

¶50

P. Lakshmidevi, W/o. P.R.Dakshinamoorthy reddy, R/o.Peria Mittor village, Vennampalli (via), Walaja taluq. North Arcot district (Died).

¶51

S. Revathi, w/o A.V.Sridhar Reddy, Hindu, aged about 62 years, residing at Periyambadi village and post, Yadamarri mandal Chittoor district.

¶52

D. Anuradha w/o Devendra, Hindu, aged about 60 years, R/o.No.48 R.R.Avenue, Bhavani nagar, KT road, Tirupati, Tirupati^district.

¶53

P.D.Ramakrishna, s/o late Dakshinamoorthy Reddy, Hindu, aged about 56 Years, R/o. Periamittoor Village and Post, via Vennampalli, Katpadi, Vellore district, Tamil Nadu.

¶54

P.D.Chandramouli, s/o late Dakshinamoorthy Reddy, Hindu, aged about 52 years, R/o. Periamittoor^village and post, via Vennampalli, Katpadi, Vellore district, Tamil Nadu.

¶55

...Petitioners No.2 to 5/Proposed Petitioners

¶56

¶57

(Note:-Petitioners are the proposed legal heirs of deceased Petitioner i n I.A.No.1 of 2019 in C.R.P.No.2312.)

¶58

AND

¶59

T.Lalitha Kumar. S/o.T.Devanarayana Reddy, Hindu, Aged; 37 years Occ:Landlord, R/o.D.No.19-9-4, Tiruchanoor Road, Tirupati, Chittoor District.

¶60

T.Ravi kumar, S/o.late T.Devanarayana Reddy, Hindu, aged about 24 years, Occ:Landlord, R/o.D.No. 19-9-4, Tiruchanoor Road, Tirupati, Chittoor District

¶61

...Respondents/Petitioners

¶62

T.Pedda Veeramma, W/o late T..Adisesha reddy, Hindu, aged about 85 years, Tamilnadu.

¶63

T.Devanarayna Reddy (died)

¶64

T.Madhulatha D/o late Devanarayana reddy, Hindu, aged about 28 years, Tamilnadu.

¶65

V.Karunakar reddy s/o Raja reddy, Hindu, aged about 50 years. R/o.D.No. 12-3-232A, Isulka street, Tirupati.

¶66

Y.Eswari w/o Y.Seshadri Reddy, Hindu, aged about 40 years. R/o.Perumallapalli village, Tirupati rural mandal, Chittoor district.

¶67

... Respondents/Respondents 2 to 6 in CRP

¶68

(Note; Respondents 3 to 7 are not necessary Partiesⁱⁿ Present Application).

¶69

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be

¶70

pleased to Set-a-side the abatement in I.A.No.1 of 2019 in CRP No.2312 of 2018 to permit us to Come on record as LR’s of Deceased Petitioner to prosecute the subject matter in. the interests of justice and equity. Else we will be put to irreparable loss, damage and injury and pass

¶71

lA NO: 3 OF 2024

¶72

Between:

¶73

P. Lakshmidevi, W/o. P.R.Dakshinamoorthy reddy, R/o.Peria Mittor village, Vennampalli (via), Walaja taluq. North Arcot district (Died).

¶74

S. Revathi, w/o A.V.Sridhar Reddy^ Hindu, aged about 62 years, residing at Periyambadi village and post, Yadamarri mandal, Chittoor district.

¶75

D. Anuradha w/o Devendra, Hindu aged about 60 years, R/o.No.48,

¶76

R.R.Avenue, Bhavani nagar, KT road, Tirupati, Tirupati^district.

¶77

P.D.Ramakrishna, s/o late Dakshinamoorthy Reddy, Hindu, aged about 56 Years. R/o. Periamittoor Village and Post, via Vennampalli, Katpadi, Vellore district, Tamil Nadu.

¶78

P.D.Chandramouli, s/o late Dakshinamoorthy Reddy, Hindu, aged about 52 years, R/o. Periamittoor village and post, via Vennampalli, Katpadi, Vellore district, Tamil Nadu.

¶79

...Petitioners No.2 to 5/Proposed Petitioners

¶80

(Note;-Petitioners are the proposed legal heirs of deceased Petitioner in I.A.No.1 of 2019 in C.R.P.No.2312.)

¶81

AND

¶82

T.Lalitha Kumar. S/o.T.Devanarayana Reddy Hindu, Aged; 37 years.

¶83

OcciLandlord, R/o.D.No. 19-9-4, Tiruchanoor Road, Tirupati, Chittoor

¶84

District.

¶85

T.Ravi kumar, S/o.late T.Devanarayana Reddy, Hindu, aged about 24 years, Occ:Landlord, R/o.D.No. 19-9-4, Tiruchanoor Road, Tirupati, Chittoor District

¶86

...Respondents/Petitioners

¶87

T.Pedda Veeramma, W/o late T..Adisesha reddy, Hindu, aged about 85 years, lamilnadu.

¶88

T.Devanarayna Reddy (died)

¶89

T.Madhulatha D/o late Devanarayana reddy, Hindu, aged about 28 years, Tamilnadu.

¶90

V.Karunakar reddy s/o Raja reddy, Hindu, aged about 50 years R/o.D.No. 12-3-232A, Isulka street, Tirupati.

¶91

Y.Eswari w/o Y.Seshadri Reddy, Hindu, aged about 40 years R/o.Perumallapalli village, Tir,upati rural mandal,^{Chittoordistrict.}

¶92

... Respondents/Respondents 2 to 6 in CRP

¶93

(Note: Respondents 3 to 7 are not necessary Parties^inPresent Application).

¶94

Petition under Order 22 Rule 4 r/w Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit Petitioners herein to Come on record as LR’s of Deceased Petitioner in I.A.No.1 of 2019 in CRP No.2312 of 2018 to prosecute the subject matter in the interests of justice and equity. Else we will be put to irreparable loss, damage and injury.

¶95

Counsel for the Petitioner: Sri. T V Jaggi Reddy

¶96

Counsel for the Respondent No.1: Sri. M Ramakanth

¶97

CIVIL REVISION PETITION NO: 261S DF 7ni«

¶98

Petition under Article 227 of the Constitution of India, against the Order and Decree in I.A.No.163 of 2018 in O.S.No.40 of 2006 dated 28-02 2018 on the file of the Court of the III Additional District Judge, Tirupati.

¶99

Between:

¶100

Lalitha Kumar, S/o.T.Devanarayiana Reddy, Hindu, aged about 37 years. Landlord, R/o.D.No. 19-9-4, Tiruchanoor Road, Tirupati Chittoor District.

¶101

T.Ravi Kumar, S/o.T.Devanarayana Reddy Hindu, aged about 35 years. Landlord, R/o.D.No.19-9-4, Tiruchanoor Road, Tirupati Chittcor District.

¶102

...Petitlohers/Respondents 3 & 4/Defendants 3 & 4

¶103

AND

¶104

P.Lakshmi Devi, W/o.P.R.Dakshina Moorthy, Hindu, aged 73 years. Landlady, R/o.Peria Mittor Village, Vennampalli (Via) Walaja Taluk, North Arcot Dist, Tamilanadu State.

¶105

T.Peda Veeramma.

¶106

T.Devanarayana Reddy.

¶107

T.Madhulatha.

¶108

V.Karunakar Reddy.

¶109

V.Eswari.

¶110

(There is no relief claimed against the Respondents 2 to 6. Hence not necessary)

¶111

...Respondents/Petitioners/Plaintiffs/Respondents 1, 2, 5 to 7

¶112

lA NO: 1 OF 2019

¶113

Between:

¶114

P.Lakshmi Devi ...Petitioners/1 Respondent in CRP AND

¶115

T.Lalitha Kumar, S/o.T.Devanarayiana Reddy, Hindu, aged about 37 years. Landlord, R/o.D.No. 19-9-4, Tiruchanoor Road, Tirupati, Chittoor District.

¶116

T.Ravi Kumar, S/o.T.Devanarayana Reddy, Hindu, aged about 35 years. Landlord, R/o.D.No. 19-9-4, Tiruchanoor Road, Tirupati, Chittoor District. ...Respondents/Revision Petitioners

¶117

T.Peda Veeramma. 4. T.Devanarayana Reddy. 5. T.Madhulatha. 6. V.Karunakar Reddy. 7. V.Eswari.

¶118

(Note: Respondents 3 to 7 are not necessary parties in the present Application)

¶119

...Respondents/Respondents 2 to 6 in the CRP

¶120

¶121

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to recall the order dt. 18,06.2019 passed by this Hon'ble Court in CRP.No. 2615 of 2018 to decide CRP on merits. lA NO: 1 OF 2024

¶122

Between:

¶123

P. Lakshmidevi, W/o. P.R.Dakshinamoorthy reddy, R/o.Peria Mittor village, Vennampalli (via), Walaja taluq. North Arcot district (Died).

¶124

S. Revathi, w/o A.V.Sridhar Reddy, Hindu, aged about 62 years, residing at Periyambadi village and post, Yadamarri mandal, Chittoor district.

¶125

D. Anuradha w/o Devendra, Hindu, aged about 60 years, R/o.No.48, R.R.Avenue, Bhavani nagar, KT road, Tirupati, Tirupati^district.

¶126

P.D.Ramakrishna, s/o late Dakshinamoorthy Reddy, Hindu, aged about 56 Years, R/o. Periamittoor Village and Post, via Vennampalli, Katpadi, Vellore district, Tamil Nadu.

¶127

P.D.Chandramouli, s/o late Dakshinamoorthy Reddy, Hindu, aged about 52 years, R/o. Periamittoor village and post, via Vennampalli, Katpadi, Vellore district, Tamil Nadu.-

¶128

...Petitioners No.2 to 5/Proposed Petitioners

¶129

(Note;-Petitioners are the proposed legal heirs of deceased Petitioner in I.A.No.1 of 2019 in C.R.P.No.2615)

¶130

AND

¶131

T.Lalitha Kumar. S/o.T.Devanarayana Reddy, Hindu Aged: 37 years, Occ.Landlord, R/o.D.No.19i9-4, Tiruchanoor Road, Tirupati, Chittoor District.

¶132

¶133

T.Ravi kumar, S/o.late T.Devanarayana Reddy Hindu, aged about 24 years, Occ:Landlord, R/o.D No. 19-9-4, Tiruchanoor Road Tirupati Chittoor District

¶134

...Respondents/Petitioners

¶135

T.Pedda Veeramma, W/o late T..Adisesha reddy, Hindu aged about 85 years, Tamilnadu.

¶136

T.Devanarayna Reddy (died)

¶137

T.Madhulatha D/o late Devanarayana reddy, Hindu, aged about 28 years, Tamilnadu.

¶138

V.Karunakar reddy s/o Raja reddy, Hindu, aged about 50 years R/o.D.No. 12-3-232A, Isulka street, Tirupati.

¶139

Y.Eswari w/o Y.Seshadri Reddy, Hindu, aged about 40 years. R/o.Perumallapalli village, Tirupati rural mandal, Chittoor district.

¶140

... Respondents/Respondents 2 to 6 in CRP

¶141

(Note: Respondents 3 to 7 are not necessary Partiesⁱⁿ Present Application).

¶142

Petition under Section 5 of Limitation Act r/w 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit us to Come on record as LR’s of Deceased Petitioner in I.A.No.1 of 2019 in CRP.No.2615 of 2018 by Condoning the delay of 496 days in filing the L.R petition for setting aside the abatement in I.A.No.1 of 2019 in CRP.No.2615 of 2018 to prosecute the subject matter in the interests of justice and equity. Else we will be put to irreparable loss, damage and injury.

lA NO: 2 OF 2024

Between:

P. Lakshmidevi, W/o. P.R.Dakshinamoorthy reddy R/o.Peria Mittor village, Vennampalli (via), Walaja taluq. North Arcot district (Died).

¶147

S. Revathi, w/o A.V.Sridhar Reddy, Hindu, aged about 62 years residing at Periyambadi village and post, Yadamarri mandal, Chittoor district.

¶148

D. Anuradha w/o Devendra, Hindu, aged about 60 years, R/o.No.48, R.R.Avenue, Bhavani nagar, KT road, Tirupati, Tirupati^district.

¶149

P.D.Ramakrishna, s/o late Dakshinamoorthy Reddy, Hindu, aged about 56 Years, R/o. Periamittoor Village and Post, via Vennampalli, Katpadi, Vellore district, Tamil Nadu.

¶150

P.D.Chandramouli, s/o late Dakshinamoorthy Reddy, Hindu, aged abcut 52 years, R/o. Periamittoor village and post, via Vennampalli, Katpadi, Vellore district, Tamil Nadu.

¶151

...Petitioners No.2 to 5/Proposed Petitione rs

¶152

(Note;-Petitioners are the proposed legal heirs of deceased Petitioner in I.A.No.1 of 2019 in C.R.P.No.2615)

¶153

AND

¶154

T.Lalitha Kumar. S/o.T.Devanarayana Reddy, Hindu, Aged: 37 years Occ;Landlord, R/o.D.No.19-9-4, Tiruchanoor Road, Tirupati, Chittoor District.

¶155

T.Ravi kumar, S/o.late T.Devanarayana Reddy, Hindu, aged about 24 years, Occ:Landlord, R/o.D.No. 19-9-4, Tiruchanoor Road Tirupati, Chittoor District

¶156

¶157

...Respondents/Petitioners

¶158

T.Pedda Veeramma, W/o late T..Adisesha reddy, Hindu, aged about 85 years, Tamilnadu. - ^

¶159

T.Devanarayna Reddy (died)

¶160

T.Madhulatha D/o late Devanarayana reddy, Hindu, aged about 28 years, Tamilnadu.

¶161

V.Karunakar reddy s/o Raja reddy, Hindu, aged about 50 years R/o.D.No. 12-3-232A, Isulka street, Tirupati.

¶162

Y.Eswari w/o Y.Seshadri Reddy, Hindu, aged about 40 years. R/o.Perumallapalli village, Tirupati rural mandal, Chittoor^district.

¶163

... Respondents/Respondents 2 to 6 in CRP

¶164

(Note: Respondents 3 to 7 are not necessary Parties in Present Application).

¶165

Petition under Order 9 Rule 9 r/w Section 151 CPC praying^thatinthe circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Set-a-s,ide the abatement in I.A.No.1 of 2019 in CRP No.2615 of 2018 to permit us to Come on record as LR’s of Deceased Petitioner to prosecute the subject matter in the interests of justice and equity. Else we will be put to irreparable loss, damage and injury.

¶166

lA NO: 3 OF 2024

¶167

Between:

¶168

P. Lakshmidevi, W/o. P.R.Dakshinamoorthy reddy, R/o.Peria Mittor village, Vennampalli (via), Walaja taluq. North Arcot district (Died).

¶169

S. Revathi, w/o A.V.Sridhar Reddy, Hindu, aged about 62 years, residing at Periyambadi village and post, Yadamarri mandal Chittoor district.

¶170

D. Anuradha w/o Devendra, Hindu aged about 60 years, R/o.No.48,

¶171

R.R.Avenue, Bhavani nagar, KT road, Tirupati, Tirupati^district.

¶172

P.D.Ramakrishna, s/o late Dakshinamoorthy Reddy, Hindu, aged about 56 Years, R/o. Periamittoor Village and Post, via Vennampalli, Katpadi, Vellore district, Tamil Nadu.

¶173

P.D.Chandramouli, s/o late Dakshinamoorthy Reddy Hindu, aged about 52 years, R/o. Periamittoor village and post, via Vennampalli, Katpadi, Vellore district, Tamil Nadu.

¶174

...Petitioners No.2 to 5/Proposed Petitioners

¶175

(Note;-Petitioners are the proposed legal heirs of deceased Petitioner in I.A.No.1 of 2019 in C.R.P..No.2615)

¶176

AND

¶177

T.Lalitha Kumar. S/o.T.Devanarayana Reddy, Hindu , Aged; 37 years, Occ.Landlord, R/o.D.No 19^9-4, Tiruchanoor Road, Tirupati, Chittoor District.

¶178

T.Ravi kumar, S/o.late T.Devanarayana Reddy, Hindu, aged about 24 years, Occ.Landlord, R/o.D.No. 19-9-4, Tiruchanoor Road, Tirupati,

¶179

Chittoor District

¶180

...Respondents/Petitioners

¶181

T.Pedda Veeramma, W/o late T..Adisesha reddy, Hindu, aged about 85 years, Tamilnadu.

¶182

T.Devanarayna Reddy (died)

¶183

T.Madhulatha D/o late Devanarayana reddy, Hindu, aged about 23 years, Tamilnadu.

¶184

V.Karunakar reddy s/o Raja reddy, Hindu, aged about 50 years. R/o.D.No. 12-3-232A, Isulka street, Tirupati.

¶185

Y.Eswari w/o Y.Seshadri Reddy, Hindu, aged about 40 years R/o.Perumallapalli village, Tirupati rural maridal, Chittoor district.

¶186

Respondents/Respondents 2 to 6 in CRP (Note: Respondents 3 to 7 are not necessary Parties in Present Application).

¶187

Petition under Section Order 22 Rule 4 & 9 r/w 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit Petitioners herein to Come on record as LR’s of Deceased Petitioner in I.A.No.1 of 2019 in CRP No.2615 of 2018 to prosecute the subject matter in the interests of justice and equity. Else we will be put to irreparable loss, damage and injury.

¶188

Counsel for the Petitioners: Sri. T V Jaggi Reddy

¶189

Counsel for the Respondent No.1: Sri. M Ramakanth

¶190

Counsel for the Respondent Nos.2 to 5: Sri. Devalaraju^AnilKumar

¶191

The Court made the following:

¶192

APHC010269S12018

¶193

IN THE HIGH COURT OF ANDHRA

¶194

PRADESH AT AMARAVATI

¶195

[3460]

¶196

(Special Original Jurisdiction)

¶197

MONDAY ,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

¶198

PRESENT

¶199

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

¶200

CIVIL REVISION PETITION NO: 2312/2018

¶201

Between:

¶202

Lalitha Kumar and Others

¶203

...PETITIONER(S)

¶204

AND

¶205

P Lakshmi Devi and Others

¶206

...RESPONDENT(S)

¶207

Counsel for the Petitioner(S):

¶208

1.TVJAGGI REDDY

¶209

Counsel for the Respondent(S):

¶210

DEVALARAJU ANIL KUMAR

¶211

2.M RAMAKANTH

¶212

CIVIL REVISION PETITION NO: 2615/2018

¶213

Between:

¶214

Lalitha Kumar And Another and Others ...PETITIONER(S)

¶215

AND

¶216

P Lakshmi Devi And 5 Others and Others

¶217

...RESPONDENT{S)

¶218

Counsel for the Petitioner(S):

¶219

1.T V JAGGI REDDY

¶220

¶221

Counsel for the Respondent{S):

¶222

1.DEVALARAJU ANIL KUMAR

¶223

2.M RAMAKANTH

¶224

The Court made the following:

¶225

¶226

HON’BLE SRI JUSTICE NYAPATHY VIJAY

¶227

C.R.P.Nos.2312 and 2615 of 2018

¶228

COMMON ORDER:

¶229

The CRP.No.2312 of 2018 is filed questioning the order to reopen the plaintiff’s side evidence vide dated 28.02.2018 in I.A.No.162 of 2018 in O.S.No.40 of 2006 passed by the III Additional District Judge, Tirupati. 2. The CRP.No.2615 of 2018 is filed questioning the^order to summon Tahsildar, Tirupati to produce documents^and to give evidence vide dated 28.02.2018 in I.A.No.163 of 2018 in O.S.No.40 of 2006 passed by the III Additional District Judge, Tirupati.

¶230

Petitioner is the plaintiff. Two applications i.e. LA.Nos.162 and 163 of 2018 were filed to reopen the plaintiff’s side evidence and to summon Tahsildar, Tirupati to produce documents and to give evidence. The suit was filed for partition of the plaint schedule properties in two equal shares and to allot one share to the plaintiff. The above mentioned applications were filed to establish the claim of the plaintiff that Sy.No.496/5 was not in existence in revenue records by the date of Ex.B.1 dated 15.04.1985. It was in that context, the examination of Tahsildar, Tirupati Urban Mandal was sought by the plaintiff. Along with the application to summon, the

¶231

¶232

Tahsildar, Tirupati Urban Mandal, was also directed to produce the following documents:

¶233

20-6-2004 Proceedings/order in Roc A/297/2004 MRO. Tirupati Urban

¶234

28-8-2004 Proceedings/order of MRO, Tirupati urban in Roc B/297/04

¶235

23-8-85 & 24-9-2004; Sub divisional FMB Field No.406/2 signed by MRO, Tirupati urban and prescrutinization by Deputy Inspector, Survey and land records, RDO office Tirupati signed on 24-9-2004.

¶236

28-2-2004 Order of District Collector, Chittoorⁱⁿ Roc A3/106 2004 and copy also marked to MRO, Tirupati urban.

¶237

30-1-2004:- Notes of Inspection related to Chittoor District Tirupati Urban Mandal and town and S. No. 496/2 as per proceedings of Joint Collector, Chittoor D.Dis (H6) 14/2002 and it was also communicated to the MRO, urban to make suitable alteration for subdivision mutation in the last paras^of notes. 6) Joint Collector orders in D.Dis (H6), 14/2002 dt^30- 1-2004-copy was also marked to MRO, Tirupati Urban for further action. 7) 28-5-2004 Common order of RDO, Tirupati in D.Dis D/2680 and 2681/01.

¶238

¶239

The question whether Sy.No.496/5 was in existence as on date of Ex.B.1 or not, is a matter of record and the plaintiff cannot straightaway seek for summoning the Tahsildar to give evidence on this aspect unless the Rule 129(c) of the Civil Rules of Practice is complied. The documents refered in the application can be sought for through RTI or any other mode by the plaintiff and the same could be filed before the court. There is no reason for the petitioner to summon the^Tahsildar as it is not a case where the Tahsildar is having exclusive information beyond the record.

¶240

In this case, the Rule 129(c) of the Civil Rules of^Practice was not adhered to by the trial court while passing the impugned order. As per the said Rule, summoning and production of original record is not required until the petitioner filed application for certified copy and has not been granted or when the production of original is required by the trial court. The sub-rule (c) of Rule 129 of Civil Rules of Practice reads as under:Rule 129(c): No court shall issue such summons unless it considers the production of the original necessary^{orissatisfiedthat} the application for a certified copy has been duly^{madeandhasnot} been granted. The court shall in every case record^itsreasons in writing and shall require the applicant to deposit in court, before the summons is issued, to abide by the order of the court,^suchsumas it may consider necessar)/ to meet the estimated cost of making a copy of the document when produced.

¶241

¶242

Therefore, the common order of the trial Court to the extent of summoning the Tahsildar is set-aside and the CRP.No.2615 of 2018 filed against order in I.A.No.163 of 2018 is allowed. 6. However, since the plaintiff relies on the documents referred supra to substantiate its plea that Sy.No.496/5 was not in existence in revenue records by the date of Ex.B.1 dated 15.04.1985 and the trial Court having exercised its discretion to re-open the evidence of the plaintiff, this Court is not inclined to interfere with that part of the order as there is no error in exercise of its discretion. The CRP.No.2312 of 2018 filed questioning the order to reopen the plaintiff’s side evidence vide dated 28.02.2018 in I.A.No.162 of 2018 is dismissed. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.

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SD/- N NAGAMMA ASSISTANT REGISTRAR

¶244

//TRUE COPY//

¶245

SE OFFICER

¶246

To, 1. The III Additional District Judge, Tirupati, Chittoor^{District,(with} if any) 2. One CC to Sri. T V Jaggi Reddy, Advocate [OPUC] 3. One CC to Sri. M Ramakanth, Advocate [OPUC] 4. One CC to Sri. Devalaraju Anil Kumar, Advocate [OPUC] 5. The Section Officer, VR Section, High Court of A.P.,^Amaravathi. 6. Three CD Copies SNS sree

¶247

The III Additional District Judge, Tirupati, Chittoor^{District,(withrecords} if any)

¶248

HIGH COURT DATED:02/09/2024

¶249

COMMON ORDER

¶250

CRP.Nos.2312 & 2615 of 2018

¶251

5 0 3 OCT 2024 |
S-
^ ^ Current Section

¶252

ALLOWING THE CRP 2615 of 2018 DISMISSING THE CRP 2312 of 2018

Lalitha Kumar and Another v. P.Lakshmi Devi and 5 Others

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Lalitha Kumar and Another v. P.Lakshmi Devi and 5 Others

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