VELIDHI VISWANADHAM Vs. VELIDHI RAJESWARI

JUDGEMENT

(1.) The Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the order dtd. 30/9/2023 passed in I.A.No.395 of 2022 in A.S.No.8 of 2019 on the file of the Senior Civil Judge, Rajam.

(2.) The learned Judge dismissed the application filed by the petitioner under Order XVI Rule 14 read with Order XLI Rule 27 and Sec. 151 of Code of Civil Procedure (for short "C.P.C.") rejecting the request of the petitioner to issue summons to the then RDO, Palakonda, to give evidence as a Court witness after verifying the proceedings in R.C.No.293/2015/KRC dtd. 27/4/2015.

(3.) The petitioner contends that he filed a suit in O.S.No.130 of 2011 on the file of Junior Civil Judge, Rajam against the respondents for permanent injunction. It is stated that before filing of the suit, he filed a petition before the Tahsildar, Rajam for issuance of Pattadar Pass books and the then Tahsildar, Rajam, issued pass books to the petitioner. Against the said order, it is stated that the respondents filed an appeal before the Revenue Divisional Officer, Palakonda. It is represented that the RDO, Palakonda, had passed an order vide proceedings in R.C.No.293/2015/KRC dtd. 27/4/2015, against the petitioner, and the said proceedings were marked as Ex.B3 and it is further stated that both the petitioner and respondents did not examine the said RDO, Palakonda, during the proceedings in the suit. It is represented that as the evidence of the RDO is essential for the disposal of A.S.No.08 of 2019, the petitioner filed I.A.No.395 of 2022 to issue summons the then RDO, Palakonda, to give evidence as a Court witness.