ORDER :

1. This Civil Revision Petition is filed by the petitioner-Temple under Article 227 of the Constitution of India, against the fair and decreetal order dated 13.12.2019 passed by the learned II Additional District Judge, Thiruvallur at Poonamallee, in I.A.No.3 of 2019 in O.S.No.180 of 2014.

2. The plaintiff in the said suit is the revision petitioner herein. The revision petitioner/plaintiff has filed the above suit in O.S.No.180 of 2014 before the learned II Additional District Judge, Thiruvallur at Poonamallee, praying for the relief (i) to declare that the plaintiff-Temple is the absolute owner of the schedule mentioned property and the consequential relief to deliver the vacant possession of the said property after demolishing the existing superstructure put up by the defendant/respondent herein and (ii) to grant permanent injunction restraining the defendant or her men or any person claiming through her or under her from any kind of additional or further constructions over the suit property.

3. In the said suit, the respondent herein/defendant has filed written statement stating that the land in S.No.481/1 belonged to herself by way of inheritance. The suit was posted for further evidence on her side and she examined herself as D.W.1 and Tr.Rajkumar was examined as D.W.2. The defendant has further stated that in support of the suit, she has produced the Ambattur Town Survey Field Register Extract dated 09.04.2009 issued by the Zonal Deputy Tahsildar, Ambattur Taluk, in her favour and the same was marked as Ex.B.3 and also produced the Ambattur Town Survey Field Register Extract dated 04.10.2011 issued by the Zonal Deputy Tahsildar, Ambattur to one Smt. Jan Begum and the same was marked as Ex.B.20.

4. The respondent herein/defendant has filed an application before the learned II Additional District Judge, Thiruvallur at Poonamallee, in I.A.No.3 of 2019 under Order XVI Rule 1 CPC r/w. Section 151 CPC to issue Subpeona to Tahsildar, Ambattur Taluk Office, Ambattur, Chennai, for the purpose of giving evidence about the Ambattur Town Survey Field Register Extract dated 09.04.2009 (Ex.B.3) and Ambattur Town Survey Field Register Extract dated 04.10.2011 (Ex.B.20) and to depose about the factual position available in the records.

5. In the said I.A., the plaintiff-Temple has filed counter affidavit, stating that the revenue documents viz., Ex.B.3 and Ex.B.20 were obtained suppressing the title of the plaintiff-Temple and the documents do not confer any ownership and had not created any right.

6. The learned II Additional District Judge, Thiruvallur, at Poonamalli, taking into consideration the scope of the suit, has allowed the said application in I.A.No.3 of 2019 and hence, aggrieved against the said order, the plaintiff-Temple has preferred this Civil Revision Petition before this Court.

7. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the records.

8. According to the learned counsel for the revision petitioner/plaintiff, subpoena was issued to the revenue authorities in connection with Exs.B.3 and B.20 wherein patta proceedings and transfer of patta proceedings have been effected in respect of the defendant's father, since the revenue authority is having the entire revenue records from the year 1901 and original survey number conducted prior to 1901, all the records to be summoned.

9. This Court finds that the claim of the petitioner's counsel appears to be not only tall claim but also illusionary. The suit was filed by the plaintiff-Temple praying for a declaration to declare the title of the Temple in respect of the survey numbers mentioned in the suit property and for recovery of possession from the possession of the defendant.

10. Written statement was filed by the defendant in the suit alleging that there was a regular patta in the name of her father way back 40 years ago and they are in possession and enjoyment of the suit property on their own right. After written stat