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2006 Supreme(AP) 656

V.V.S.RAO
Lokara Om Kumar – Appellant
Versus
Baikan Satyanarayana – Respondent


O R D E R

This is a civil revision petition filed under Article 227 of Constitution of India. It is filed by the defendant in O.S. No.2053 of 2003 on the file of the Court of the Principal Junior Civil Judge, Ranga Reddy District at L.B. Nagar, Hyderabad. The suit is filed for injunction simpliciter by the respondents herein. Along with the written statement, it appears, the petitioner filed a sale deed dated 24-5-1995. The same was however not marked as an exhibit in the evidence. The petitioner, therefore, filed an application being I.A. No.387 of 2006 under Order XIII Rule 7(2) of Code of Civil Procedure, 1908(CPC). He prayed for return of the sale deed and certified copy of the General Power of Attorney dated 24-6-1991. He stated in the affidavit accompanying the said application that he requires the documents to avail bank loan. This application was opposed. Taking a view that unless and until the suit is disposed of, the request of the petitioner for return of the documents cannot be accepted, the trial Court dismissed the application. This is challenged as one vitiated by grave error apparent on the face of record.

2. Learned Counsel for the petitioner placed reliance on su


























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