Telangana High Court
Varthya Sevya Naik vs Smt. Shams Khatoon on 11 July, 2025
Author: P.Sam Koshy
Bench: P.Sam Koshy
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
CIVIL REVISION PETITION No.2239 of 2025
ORDER:
The present Civil Revision Petition has been filed by the petitioners under
Article 227 of the Constitution of India assailing the order dated 20.06.2025, in
I.A.No.1002 of 2025 in I.ANo.192 of 2024 in I.A.No.397 of 2023 in O.S.No.42
of 2023, passed by the Hon'ble Senior Civil Judge at Chevella, Ranga Reddy
District.
2. Heard Mr. A.P. Reddy, learned counsel for the petitioners, and
Mr. P.Achutam Reddy, learned counsel for the respondents.
3. Vide the impugned order; the Trial Court has dismissed a petition filed by
the petitioners herein under Order VIII Rule 8A read with Section 151 of Code
of Civil Procedure, 1908 (for short, the 'CPC') to receive the documents filed
along with the said petition on record and also to decide I.A.No.192 of 2024.
4. The documents sought to be brought on record are as under:
S. Date if any of Parties to the Description of Document
No. documents Documents
vernacular in
English
1. 20.02.2023 Petitioners & Copy of W.P. No.5011 of 2023
Respondents
2. 21.02.2023 Petitioners & Copy of Order in W.P. No.5011 of
Respondents 2023
3. 29.09.2023 Petitioners & Certified copy of Memo filed by
Respondents Petitioners/Respondents
4. 13.09.2023 Petitioners & Certified copy of Order in W.P.
5. 08.02.2023 Petitioners & Certified copy of Complaint lodged by
Respondents the Petitioners herein against
Respondents/Plaintiffs herein.
6. 08.02.2023 Petitioners & Certified copy of FIR No. 68 of 2023
Respondents on the file of Shankarpally Police.
7. 29.02.2024 Petitioners Certified copy of Charge Sheet in CC.
No. 177 of 2024 on the file of
Metropolitan Magistrate at Chevella.
8. 30.08.2023 Petitioners Certified copy of reply to RTI
Application vide its No. RTI/208/2023,
issued by Tahasildar, Shankarpally
9. 01.02.2024 Petitioners Certified copy of reply to RTI
Application vide RTI/15/2024, issued
by Tahasildar, Shankarpally
10. 05.08.2023 Petitioner No.1 Certified copy of possession
confirmation certificate of Petitioner
No.1 herein issued by Mandal
Girdawar, Shankarpally
11. 05.08.2023 Petitioner No.2 Certified copy of possession
confirmation certificate of Petitioner
No.2 herein issued by Mandal
Girdawar, Shankarpally
12. 05.08.2023 Petitioner No.3 Certified copy of possession
confirmation certificate of Petitioner
No.3 herein issued by Mandal
Girdawar, Shankarpally
13. 05.08.2023 Petitioner No.4 Certified copy of possession
confirmation certificate of Petitioner
No.4 herein issued by Mandal
Girdawar, Shankarpally
14. 11.07.2023 Petitioner No.5 Copy of Show Cause Notice No. OM
Dis. No. 981 of 2023 in Crime No.23 of
5. Learned counsel for the petitioner submits that these documents are
pertinent and relevant documents to dispute the contention of the respondents
insofar as opposing their prayer for grant of injunction in Order XXXIX Rule 1
& 2 petition which is pending consideration before the Trial Court. He further
submits that these documents are also relevant to show that it is the petitioners
who are in possession and that the respondents are not in possession. He further
submits that the documents also have proof of the suit schedule land being
occupied by the petitioners and they are also cultivating the said land.
6. However, perusal of the records would go to show that the documents at
Sl.Nos.1 to 4 are proceedings decided by this High Court pertaining to the
respondents and the orders and judgments passed in the said writ petitions. The
said documents being public documents, this Court finds no good reason in
bringing those documents on record as the writ petitions and the orders passed
therein are all public documents which the petitioners would be otherwise also
entitled to rely on in the course of their arguments. However, as regards the
other documents reflected in Sl.Nos.5 to 14 seem to have some bearing to the
dispute involved in the suit, and therefore, this Courts does not find any
prejudice that would be caused to the interest of the respondents if those
documents are received and marked subject to proving of the same in
accordance with the provisions of law. The admissibility and relevance should
also be taken note by the Trial Court after receiving the same strictly in
accordance with law.
7. At this juncture, the learned counsel for the respondents submits that the
suit is one which has been filed in the early part of 2023 and it is more than two
years that on some pretext or the other the petitioners have been avoiding the
arguments on the petition for grant of injunction and the matter now stands
fixed on 16.07.2025. Learned counsel for the petitioner, however, disputes the
said contention and submits that they were always willing to argue the matter;
however, it was only because of the refusal by the Trial Court in receiving those
documents that they were not in a position to argue the case.
8. Be that as it may. This Court is inclined to allow the petitioners prayer to
receive the documents at Sl.Nos.5 to 14 subject to the necessary proof of these
documents being shown to the Trial Court and the admissibility and relevance
also in respect of the same. It is ordered that the documents listed at Sl.Nos.5 to
14 be received for the purpose of marking, subject to proving the same by the
petitioners. However, it is made clear that after receiving those documents, the
Trial Court shall ensure that the petition for grant of injunction filed under
Order XXXIX Rule 1 and 2 of CPC i.e. I.A.No.397 of 2023 is taken up for
consideration and the same is heard on 16.07.2025 itself and appropriate orders
are passed in accordance with law as expeditiously as possible. It is further
made clear that the petitioners under no circumstances should be permitted to
avoid arguing I.A.No.397 of 2023 on the date fixed i.e. on 16.07.2025.
9. The present Civil Revision Petition accordingly stands partly allowed.
10. As sequel, miscellaneous petitions pending if any, shall stand closed.
However, there shall be no order as to costs.
_________________
P.SAM KOSHY, J
Date: 11.07.2025
GSD
