THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.443 OF 2009 DATED: 08-02-2011 Between: Murali Mohan Reddy & 2 others. .... PETITIONERS And V.Shakunthalamma (died) & 2 others. .... RESPONDENTS ORDER: This Civil Revision Petition is directed against the order, dated 29.01.2009, in I.A.No.31 of 2009 in O.S.No.105 of 2000 on the file of the learned Junior Civil Judge, Gudur, wherein the said application filed by the petitioners herein-defendants under Order XVI Rule 1 CPC r/w Rule 129 of the Civil Rules of Practice, seeking direction to the Tahsildar, Chillakur mandal to cause production of the report, dated 24.10.2008, was dismissed. 2. Heard learned counsel for the petitioners and the learned counsel for the respondents. Perused the records. 3. It is stated that the 3rd respondent died and his legal representatives are not brought on record in the present Civil Revision Petition. Hence, the Civil Revision Petition, insofar as the 3rd respondent is concerned, stands abated. 4. Respondents filed the suit against the petitioners for permanent injunction. The trial is stated to be in progress. Respondents-plaintiffs seek to rely upon the entries in the pattadar pass book issued in their favour in order to show their rights of ownership and possession. 5. Learned counsel for the petitioners would submit that on representation, the revenue authorities conducted enquiry as to whether the land is agricultural land or house site and the Tahsildar gave a report to the Revenue Divisional Officer to the effect that the land is only a house site and the entry in the pattadar pass book, treating the same as agricultural land, needs to be deleted. 6. In order to establish their contention that the land is not an agricultural land and the plaintiffs are not in possession thereof, defendants sought direction to the Tahsildar, Chillakur mandal to cause production of the report, dated 24.10.2008, in respect of the Sy.Nos.43; 44 and 45 of Varagali village. The trial Court dismissed the said application on the ground that the said document is not relevant for the purpose of the suit. It is to be noted that the plaintiffs are seeking permanent injunction on the ground that the suit land is agricultural land and they are in possession thereof as rightful owners and they seek to rely upon the pattadar pass book for the said purpose. Defendants, on the other hand, would contend that the land is not agricultural land and the same was house site and after enquiry, the Tahsildar also gave a report to the said effect and the relevant entries in the pattadar pass book are directed to be deleted. Under those circumstances, the report, dated 24.10.2008, said to have been submitted by the Tahsildar, Chillakur mandal to the Revenue Divisional Officer, assumes relevance for the purpose of deciding the dispute comprehensively. 7. In the circumstances, the impugned order, dismissing the application-I.A.No.31 of 2009, is set aside and consequently the said application filed by the defendants, seeking direction to the Tahsildar, Chillakur mandal to cause production of the report, dated 24-10-2008, stands allowed. 8. Accordingly, Civil Revision Petition is allowed. Interim stay granted on 04-02-2009 stands vacated. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 08th February, 2011. Tsy