DUVVADA PARASURAM CHOUDARY Vs. SANTHA DALAYYA

JUDGEMENT

(1.) SINCE these three revisions, filed under Article 227 of the Constitution of India, arise out of L.A.O.P.No.33 of 2002 and since they are interrelated, this Court deems it appropriate to dispose of these three revisions by way of this common order.

(2.) HEARD Sri S.Srinivasa Rao, counsel for the petitioners and Sri M.P.Chandramouli, counsel for the respondents and perused the material available on record.

(3.) CALLING in question the validity and legality acceptability of the said orders passed by the learned Senior Civil Judge, Sompeta, the present civil revision petitions have been filed under Article 227 of the Constitution of India. In the present revisions, it is contended by the counsel for the petitioners that the present applications filed by the respondents herein are belated since the respondents filed the same at the time of arguments. It is further contended by the learned counsel for the petitioners that the present applications are also barred by the principles of res judicata and estoppel as the respondents earlier filed I.A.Nos.17 and 18 of 2005 and the same were dismissed by the Court below on 21.03.2005. It is further contended that the respondents did not assail the said orders and they were allowed to become final. To bolster his submissions and contentions, learned counsel for the petitioners places reliance on the judgment of the Hon'ble Apex Court in the case of Chhabil Das Vs. Pappu reported in (2006) 12 SCC 41. Per contra, it is strenuously argued by the learned counsel for the respondents that the orders passed by the Court below do not suffer from any infirmity, as such, they do not require any interference of this Court under Article 227 of the Constitution of India. It is further contended by the learned counsel for the respondents that in view of the finding of the Supreme Court at paragraph 14 of the Judgment reported in 2010(2) SCC 452, the Court below is perfectly justified in ordering the applications. It is further contended that the persons sought to be summoned are the correct persons and their evidence is crucial to unearth the realities in the issue.