THE HONOURABLE SRI JUSTICE N. TUKARAMJI CIVIL REVISION PETITION Nos.3306, 3361 and 3329 of 2025

COMMON ORDER:

Having regard to the fact that the revision petitioners who are defendants in the suit has filed petitions to receive the documents and contesting the impugned orders passed by the learned trial Court, these revisions are considered, heard together and are being disposed of by this common order.

2. These Civil Revision Petitions are filed challenging the propriety of the order dated 18.08.2025 in I.A.Nos.324, 325 and 326 of 2025 respectively in O.S.No.336 of 2025 passed by the learned Senior Civil Judge-cum-Assistant Sessions Judge, Huzurabad.

3. Briefly stated, the relevant facts are that the petitioners/defendants had filed an interlocutory application before the trial Court during the pendency of the suit, seeking leave of the Court to receive certain documents mentioned in the petition in support of their case. The trial Court, after considering the materials on record, passed the impugned order dismissing the application. Aggrieved thereby, the present revision petition has been filed.

4.1. Learned counsel for the revision petitioners submits that the documents sought to be produced are essential to substantiate the pleadings of the petitioners and are necessary for an effective adjudication of the issues in controversy between the parties. It is further contended that the trial Court ought to have permitted the reception of the documents to ensure that the matter could be decided on its true merits. However, counsel fairly concedes that the application filed before the trial Court was bereft of detailed reasons explaining the necessity of producing the documents at that stage and the trial Court, focusing on this technical deficiency, dismissed the application.

4.2. Counsel, therefore, prays that one more opportunity be extended to the petitioners to approach the trial Court by filing an appropriate application afresh supported by valid reasons. It is further requested that the trial Court may be directed to consider such an application, if filed, on its merits, in accordance with law.

5. Having regard to the submissions advanced, and without entering into the merits of the case, this Court considers that, since the suit is still at the trial stage before the primary fact- finding forum, it would be just and appropriate to extend an opportunity to the petitioners to file a fresh application before the trial Court, duly setting out the reasons for seeking reception of the documents. Granting such an opportunity at this stage would not prejudice the rights of the respondents and would, on the contrary, serve the ends of justice by enabling the trial Court to adjudicate the dispute comprehensively on its merits.

6. Accordingly, the petitioners are permitted to file a fresh petition before the trial Court, setting forth cogent reasons in support of the relief sought. Upon such filing, the trial Court shall consider the application on its own merits, in accordance with law, and pass appropriate orders expeditiously.

7. With this direction, this civil revision petitions are disposed of. There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

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N.TUKARAMJI, J Date: 16-09-2025 Nit/mmr