Andhra Pradesh High Court - Amravati
Vegesna Subba Raju vs Chintalapati Venkata Narasimha Raju on 15 November, 2019
Author: G. Shyam Prasad
Bench: G. Shyam Prasad
1
00HON'BLE SRI JUSTICE G.SHYAM PRASAD
CIVIL REVISION PETITION
Nos. 2518, 2520 and 2525 of 2019
COMMON ORDER
Since the parties and the issues involved in the three revision petitions are common issues, they are being disposed of by this common order.
CRP No.2518 of 2019:
This civil revision petition is arising out of the order dated 10.07.2019 passed in CMA No.2 of 2017 on the file of the Court of X Additional District Judge, Narsapur, West Godavari District, wherein the learned District Judge dismissed the CMA with costs by confirming the order and decree dated 06.06.2016 passed in IA No.404 of 2014 in OS No.67 of 2014 on the file of the Court of Principal Junior Civil Judge's Court, Palakol.
CRP No.2520 of 2019:
This civil revision petition is arising out of the order dated 10.07.2019 passed in IA No.254 of 2018 in CMA No.2 of 2017 on the file of the Court of X Additional District Judge, Narsapur, West Godavari District, wherein the learned District Judge dismissed the IA filed under Order-41, Rule 27 Cr.P.C by the revision petitioner, to receive one document as additional evidence in the appeal. 2
CRP No.2525 of 2019:
This civil revision petition is arising out of the order dated 10.07.2019 passed in IA No.373 of 2017 in CMA No.2 of 2017 on the file of the Court of X Additional District Judge, Narsapur, West Godavari District, wherein the learned District Judge dismissed the IA filed under Order-41, Rule 27 Cr.P.C by the revision petitioner to receive three documents as additional evidence in the appeal.
The revision petitioner is the 10th defendant and respondents 1 to 4 are the plaintiffs, and respondents 5 to 13 are defendants 1 to 9, 11 to 13 in the suit in O.S.No.67 of 2014 on the file of the Court of Principal Junior Civil Judge's Court, Palakol. In the above suit, the plaintiffs have filed IA No.404 of 2014 under Order-39 Rule 1 and 2 CPC seeking for grant of temporary injunction in favour of the plaintiffs and against the 10th defendant, pending disposal of the main suit. The trial court, by order, dated 06.06.2016 allowed the IA, granting temporary injunction in favour of the petitioners, and against the 10th defendant restraining him from laying fish or prawn seed in his tank in RS No.163/1A, 2B of Sivadevuni Chikkala Village, Palakol Mandal, pending disposal of the suit.
Aggrieved by the same, the revision petitioner/10th defendant has filed CMA No.2 of 2017 on the file of the Court of X Additional District Judge, Narsapur, West Godavari District. In the appeal, the 3 revision petitioner/10th defendant has filed IAs, seeking to receive certain documents filed by him and the applications were dismissed. Aggrieved by the same, these civil revision petitions are filed.
Heard learned counsel for the revision petitioner and learned counsel appearing for respondents.
Learned counsel for the petitioner submits that at the time of granting injunction, the petitioner did not obtain no objection certificate from the concerned authorities for maintaining the fish tank. Therefore, he applied for regularization. Subsequently, the petitioner intended to file those documents before the lower appellate court, but the court rejected his application directing him to file those documents before the trial court.
Learned counsel for respondents submits that the suit is coming up for trial and the plaintiffs have got interim orders in their favour and therefore the trial court may be directed to proceed with trial and dispose of the suit itself.
Considering the submissions of both the counsel, since the lower appellate court has not taken into consideration of the subsequent events while disposing the CMA, the trial court is hereby directed to receive the documents filed by the revision petitioner in the suit, and proceed with trial, after deciding the admissibility of the documents sought to be marked as per the procedure, and dispose of the suit 4 within a period of three months from the date of receipt of a copy of the order.
With the above observations, the civil revision petitions are disposed of. No costs.
Miscellaneous petitions, pending if any, shall stand closed.
____________________________ JUSTICE G.SHYAM PRASAD 15.11.2019 Mjl/*