High Court · 2025

Petition under Section 151 CPC praying that in the circumstances stated in the afficlavit filed in support of the peiition, tne nign Court iiray be pteased to Stay all further proceeding in O.S. No. 06' OF 2024 On the file of Junior Civil Judge -C,rm- Judiciat Magistrate of First Class at Dammapeta, Bhadradri Kothagudem District, pending disposal of the C.R.P., in the interest of justice Counsetf,rr the Petitioner: Mr. GATAI{AND GHAKRAVARTHI, Advocate Counself,or the Respondents: NONE APPEARED The Court made the following: ORDER IN THE HIGH COURT FOR TIIE STATE OF TELANGANA AThYOERABAI) THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO Date:28.11.2025 Between: T'iruvuri Uma Maheshwara Rao, S/o. Nageswara Rao, Aged about 65 years, Occ: Agriculture, R/o Aswaraopeta Village and Mandal, Bhadradri Kothagudem Dishict. AND ...petitioner Maram Sitha Mahalaxmi, W/o Late Raja Rao, (riMandula Raja Rao, Occ: Housewife, R/o Aswaraopeta Village and Mandal, llhadradri Kothagudem District and 5 others. ORDER: ...respondents 'this civil Revision petition is filed by *re petitioner, aggrieved by the order passed by the learned Junior Civil Judge-cum-Judicial Magistrate of Firsr Class at Dammapet4 Bhadradri Kothagudem District, in I.A.No.2 of 2025 in o.S.No.06 of 2024, dated rs.ro.zozs, wherein the applicarion fired by the petitioner summoning the documents from Special Deputy collector tpT and Ryls, Khammam, was dismissed. t 2

2. Heard Mr.Gajanand Chakravdhy, learned counsel for the petitioner.

3. Learned counsel for the petitioner vehemently contended that the 'Nos.l to 3/plaintiffs filed suit in O.S.No.06 of 2024 seeking respondent declaration rrf title, perpetual injunction over the schedule properly and also sought a declaration regarding the registered sale deeds bearing Nos.3656 t2}l5 and 3657 /20l5, dated 27 .O4.2Ol 5, said to have been executed by defendant No.l in favor of defendant Nos.2 to 4, along with other reliefs.

4. He ftrrther submitted that the property of the husband of PlaintiffNo.l, covered under Sy.Nos.l406, 1407, 1408, and 1409, to an extent of Ac.l .24 gts, situated at Aswaraopeta Revenue Village, had been acquired by the Governmert. The Land Acquisition Officer had initiated proceedings in 1984, and the hu:;band of plaintiff No.l received compensation in 1989 and later he filed an apttlication seeking enhancement of compensation, which was allowed, and the cornpensation rvas enhanced.

5. He lurther submitted that now, the respondent Nos.l to 3/plaintiffs filed suit in O.S. No.06 of 2024 claiming the properly belonging to the petitioner/,lefendant No. l, suppressing the fact of the earlier acquisition proceedinlls. 'l-o prove the above said factum, the petitioner filed an application, 3 namely I.A.No.2 of 2025, invoking the provisions of Order XIII Rule l0 read with Section l5l of the C.P.C., requesting the Court below to summon the documents i.e., Land acquisition notification, Copy of the award, details of compensation paid in respect of lands in Sy.Nos.1406, 1407,1408, and 1409 of Aswaraopeta Revenue Village, which were paid in favor of M. Raja Rao, along with relevant papers and amount particulars. These documents are crucial to decide the dispute between the parties. However, the Court below, without properly appreciating the contentions raised by the learned counsel for the petitioner, erroneously dismissed the application. He further submitted that if the application filed by the petitioner is allowed, no prejudice will be caused to respondent Nos.l to 3/plaintiffs.

6. Having considered the rival submissions made by the learned counsel for the petitioner and after perusal of tlre material available on record, it reveals that resporrdent Nos.l to 3/plaintiffs filed suit in O.S.No.06 of 2024 seeking declaration of title, perpetual injunction over the schedule property, and also sought declaration regarding registered sale deeds bearing Nos. 3656/2015 and

365712015. dated 27.04.2015, said to have been executed by defendant No.l in favor of detbndant Nos.2 to 4. It is not in dispute that the property acquired by i j : i I I i i i J I r I I i, ; l i I I l 4 the Governtnent and the schedule property mentioned in the suit are different and distinct,

7. The only contention of the learned counsel for the petitioner is that respondent Nos.l to 3/plaintiffs received compensation in respect of their prgperty arLd now they are claiming the propefly belonging to the petitioner, suppressing; the eartier land acquisition proceedings. The documents relating to land 4cquisition proceedings as well as award are required for adjudication of the present suit and the said documents are public documents, if the petitioner wants to rt:ly upon the same, he should have submitted an applioation to the concerned authority requesting them to furnish certified copies of those documents and he is also entitled to obtain the documents while submitting applicatiorL under Right to [nformation Act. However, the petitioner, without making any such application approached the trial Court and filed the application seeking summoning of the documents as mentioned in I.A.No.2 of 2025 fuom Special Deputy Collector IPT and Ryls, Khammam.

8. For the foregoing reasons, this Court is of the considered view that the trial Court had rightly dismissed the application through the impugned order dated 15.10.202L. Accordingly, this Court does not find any ground to interfere 5 with the order passed by the trial Court by exercising the supenrisory powers conferred under Article 227 of the Constitution of India.

9. Accordingly, the Civil Revision Petition is dismissed. No costs. Miscellaneous applications, pending, if any, shall stand closed. Sd,. P. PONNA KRISHNA ASSISTAT.IT REGISTRAR6 .SECTION OFFICER ,/TRUE COPY" To,

1. The file of Junior civil Judge- cum-Judicial Magistrate of First class at Dammapeta, Bhadradri Kothagudem District'

2.oneCCtoMr.GAJANANDCHAKRAVARTHI,Advocate[oPUc] 3. Two CD CoPies HIGH GOURT DATEDi 28l,1112025 I i I ( ORDER GRP.No.4337 of 2025 t r) ( * THE $ Z 5 i,J I rl il ,.!,.. Accordingly, this Civil Revision Petition is Dismissed tD \