Suram Venkata Krishna Reddy vs Kondraju Seshaiah,
2022 Latest Caselaw 5869 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                              MAIN CASE : S.A.No.439 of 2021
                                    PROCEEDING SHEET
Sl.      Date                                 ORDER                                OFFICE
No.                                                                                 NOTE

1.    05.09.2022
                   SRS,J
                                        I.A.No.1 of 2022
                           This petition is filed under Order XIII Rule 9 of
                   CPC praying the Court return Ex.A1-original pattedar
                   passbook issued in favour of the petitioner by enabling
                   the petitioner to substitute the same with certified
                   copy.

                           Petitioner along with respondent No.3 filed

O.S.No.323 of 2001 against respondent Nos.1 and 2 for permanent injunction. The trial Court dismissed the suit by judgment and decree, dated 18.01.2012. Against the said judgment, plaintiff filed A.S.No.5 of 2012 and the same was dismissed on 19.12.2019, against which the above second appeal is filed.

During the trial, petitioner marked pattedar pass book issued in his favour, as Ex.A1 and petitioner is claiming in respect of Ac.1-76 cents in survey No.194/2 i.e. item No.1 of the suit schedule property.

Heard.

Learned counsel for the petitioner submits that petitioner is also having land of an extent of Ac.0-47 cents in survey No.16-4, Ac.6-07 cents in survey No.295, Ac.0-14 cents in survey No.114-6, Ac.0-15 cents in survey No.115-5, Ac.0-96 cents in survey No.261-10. Learned counsel for the petitioner further submits that to avail financial assistance, petitioner requires pattedar passbook, which was marked as Ex.A1. Hence, he prays to return original of Ex.A1 by substituting the same with certified copy.

Considering the facts and circumstances of the case, Registry is directed to return original of Ex.A1 on substitution of the same with certified copy. It is made clear that petitioner shall not alienate or create encumbrance or third party mortgage, pending the above second appeal. Petitioner shall produce the document as and when required.

Accordingly, this petition is ordered.

______ SRS,J ikn