Sri a. Satyanarayana, Vs Sri P. Narasimha Yadava

THE HON’BLE SRI JUSTICE N.V. RAMANA

C.R.P. No. 473 of 2011

Oral order:

This C.R.P. is directed against the order dated 29.11.2010, passed by the III Additional District Judge, Ranga Reddy District, dismissing the application in I.A. No. 4194 of 2008 in A.S. No. 277 of 2007, filed by the petitioner praying to direct the Tahsildar, to produce Letter

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No. B/664/2008, dated 19.08.2008.

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Heard the learned counsel for the petitioner and perused the order under revision.

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Though the petitioner contends that Letter No. B/664/2008, dated 19.08.2008, is required for just decision, and as such, the Court below ought to have directed the Tahsildar, to produce the said letter, the fact remains, the Tahsildar, is not a party to the suit. This apart, the suit is one for injunction, which was filed in the year 2000, and in grant of injunction, what the Court has to see mainly is whether as on the date of filing of the suit, the plaintiff was in possession and enjoyment of the suit and nothing else. The petitioner except stating that the letter in question is relevant for just decision of the case, has not explained anything in the affidavit filed in support of the present application, how it is relevant for the decision of the case. Hence, no exception can be taken to the order under revision, passed by the Court below, dismissing the application filed by the petitioner seeking to direct the Tahsildar, to produce the afore-mentioned letter, and more so when he is not a party to the suit.

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For the foregoing reasons, I find no reason whatsoever to

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interfere with the order under revision in exercise of supervisory jurisdiction of this Court under Article 227 of the Constitution of India. The C.R.P. is devoid of merit, and the same is accordingly dismissed.

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_____________ N.V. RAMANA, J.

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Dated: 25^th February, 2011 KSR

Sri a. Satyanarayana, v. Sri P. Narasimha Yadava

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Sri a. Satyanarayana, v. Sri P. Narasimha Yadava

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