THE HONOURABLE SRI JUSTICE P. SAM KOSHY Civil Revision Petition No.1161 of 2025 and Civil Revision Petition No.1760 of 2025

COMMON ORDER :

These are two Civil Revision Petitions arising out of the same Civil Suit, viz., O.S.No.339 of 2022, one filed by the plaintiff and the other filed by the defendants. Since the issue in the instant Revisions pertain to the same Civil Suit between the same contesting parties, this Court proceeds to decide the instant Civil Revision Petitions by this Common Order. Further, the instant Civil Revision Petitions arise out of a decision passed in two separate Interlocutory Applications, therefore this Court proceeds to decide the instant Civil Revision Petitions one by one.

2. Since this Court is deciding the instant Civil Revision Petitions which were filed by two separate set of petitioners, for convenience the parties are referred to as per their array before the Trial Court.

3. Heard Mr. Bethi Venkateswarlu, learned counsel for the petitioner in Civil Revision Petition No.1161 of 2025 and Mr.M.V. Durga Prasad, learned counsel for the petitioner in Civil Revision Petition No.1760 of 2025. None for the respondents.

Civil Revision Petition No.1161 of 2025

4. Civil Revision Petition No.1161 of 2025 is filed by the petitioners / plaintiffs under Article 227 of the Constitution of India assailing the order dated 17.02.2025 in I.A.No.733 of 2023 in Original Suit No.339 of 2022 passed by the Principal Senior Civil Judge-cum-VI Additional Chief Judicial Magistrate, Ibrahimpatnam, Ranga Reddy District (for short, ‘the impugned order’). The said I.A. was filed by the petitioners / plaintiffs under Order XVI Rule 1(3) read with Rule 7-A of the Civil Procedure Code, 1908 seeking for relief of issuance of summons to the Divisional Administrative Officer, viz., Mrs.R.P. Jyothi, working in the Office of the Revenue Divisional Office, Kandukur Division, Ranga Reddy District to appear along with the following documents, viz., (1) Preliminary Enquiry Report, dated 11.08.1998; (2) Application Form dated 30.07.1998; (3) Sworn statement of the applicant; and (4) Treasury Challan No.4839 (Sl.No.4839) dated 11.08.1998, lying in the ORC File No.J/3344/1998 and to depose her evidence as a witness to enable to mark the said documents as exhibits on behalf of the plaintiffs’ side evidence in the above suit.

5. Initially the suit, viz., O.S.No.339 of 2022, was filed by the petitioners / plaintiffs in Civil Revision Petition No.1161 of 2025 seeking for cancellation of the registered Sale Deed dated 13.08.1998 executed by the petitioners / plaintiffs in favour of respondent No.1 / defendant No.1 in Civil Revision Petition No.1161 of 2025; to declare the registered sale deed dated 13.08.1999 executed between the respondent No.1 / defendant No.1 in favour of respondent No.2 / defendant No.2 in Civil Revision Petition No.1161 of 2025; and to further declare the two registered Sale Deeds bearing Document No.5653 of 2005, dated 10.10.2005 and Document No.2713 of 2009, dated 08.06.2009, alleged to have been executed by respondent No.2 / defendant No.2 in favour of respondent No.3 / defendant No.3, and respondent No.3 / defendant No.3 in favour of respondent Nos.4 to 9 / defendant Nos.4 to 9, in Civil Revision Petition No.1161 of 2025.

6. When the suit has reached the stage of evidence and after the evidence of DW.1, the petitioners / plaintiffs herein have filed the above I.A., viz., I.A.No.722 of 2023 with the aforesaid prayer. The said I.A. was filed in the context of an earlier I.A., viz., I.A.No.874 of 2012, by the petitioners / plaintiffs to receive the certified copy of certain documents issued by the Divisional Administrative Officer, and which was allowed by the Trial Court on 30.01.2023. Since the DW.1, during the course of his cross-examination, refused to give evidence in respect of these documents on the ground that he is not a party to the said documents, the said documents could not be marked. Therefore, the instant I.