M. SAMBASHIVA RAO Vs. Y. PRATAP REDDY

JUDGEMENT

(1.) This civil revision petition under Art. 227 of the Constitution arises out of the order dated 21.09.2017 passed by the learned IX Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, in I.A.No.839 of 2017 in O.S.No.363 of 2015. The said suit was filed by the petitioners herein for a perpetual injunction restraining the defendants from interfering with or in any way trespassing into the suit schedule A and B plots in Survey No.62 part, Madhapur Village, Serilingampally Mandal, Ranga Reddy District. While so, the first defendant in the suit filed I.A.No.839 of 2017 therein under Order16, Rule15CPC to summon the plaintiffs and their GPA holder to depose about the alleged GPA and to direct the GPA holder to produce the alleged original GPA before the Court. In the affidavit filed in support thereof, the first defendant stated that upon his enquiries, he came to know that the GPA holder had executed documents in favour of various people and therefore, the plaintiffs in the suit did not have the locus to maintain the suit. He further stated that his enquiries revealed that the whereabouts of the plaintiffs were not known for the past several years and some of the plaintiffs had expired. Pointing out that the original GPA had not been filed, indicating that it was fabricated, he asserted that it was just and necessary to summon the plaintiffs to give a statement about the alleged GPA executed by them and to verity its authenticity by directing its production.

(2.) The trial Court passed the order under revision, stating as follows:

(3.) Aggrieved thereby, the plaintiffs in the suit preferred this revision.