THE HON’BLE Ms. JUSTICE G. ROHINI Civil Revision Petition No. 3451 of 2011 DATED: 18.11.2011 Between: Sri Bandari Krishna and 2 others …Petitioners And Smt. Bandari Pushpamma and 15 others. …Respondents HON’BLE Ms. JUSTICE G. ROHINI Civil Revision Petition No. 3451 of 2011 O R D E R : The revision petitioners are the defendants 1 to 3 in O.S.No.63 of 1988 on the file of the Court of the I Additional Senior Civil Judge, R.R. District at L.B.Nagar, Hyderabad. This revision petition is directed against the order dated 07.07.2011 in I.A.No.152 of 2008 in I.A.No.1143 of 2004 in O.S.No.63 of 1988. The brief facts of the case are as under: The 1st respondent herein is the plaintiff and she filed O.S.No.63 of 1988 for partition of the suit schedule property and for possession of her 1/4th share. By judgment dated 25.03.1996 a preliminary decree was passed and pursuant thereto, the plaintiff/1st respondent herein filed I.A.No.1142 of 2004 for final decree. She also filed I.A.No.1143 of 2004 for ascertainment of mesne profits with regard to schedule B of the suit schedule properties. After hearing both the parties, the Court below allowed I.A.No.1143 of 2004 by order dated 06.06.2007 and appointed an Advocate Commissioner for ascertainment of mesne profits. While the enquiry for ascertainment of mesne profits was in progress, the plaintiff filed I.A.No.152 of 2008 before the Court below seeking a direction to the defendants 1 to 3 to produce the lease agreements in respect of the weekly lease of the Schedule B- a cinema theatre, from 1987 onwards. The plaintiff also sought production of personal Income Tax Returns and statement of Bank Account of Alhabad Bank, in the name of the Theatre. The said application was allowed as prayed for by the Court below by order dated 07.07.2011. Aggrieved by the same, the present revision petition is filed by the defendants 1 to 3. It is vehemently contended by the learned counsel for the petitioners that the Court below committed a grave error in directing to produce the personal Income Tax Returns of the revision petitioners, since the same are not at all relevant for ascertainment of mesne profits out of the suit schedule properties. It is also contended that the Court below ought to have appreciated the fact that the entire burden lies upon the plaintiff for ascertainment of mesne profits and therefore, the defendants/revision petitioners cannot be compelled to produce the documents in question. I have also heard the learned counsel for the 1st respondent/plaintiff and perused the material available on record. It is not disputed before this Court that Schedule B property is a Cinema Theatre together with 8 shops, which is being managed by the defendants 1 to 3. The specific case of the plaintiff is that the Balance Sheet produced by the defendants 1 to 3 did not reflect the true and actual figures of the business. It is true that the Statement of Profit and Loss account and the Income Tax Returns of the Schedule B-Theatre were already produced, however, according to the plaintiff the true and correct figures were not reflected since they were prepared on the basis of the Balance Sheet. It is also alleged that the defendants 1 to 3 had shown the income received from the schedule B-Theatre in their personal Income Tax Returns. Having regard to the admitted fact that the schedule B- Cinema Theatre is functioning from the year 1988 onwards under the management of the defendants 1 and 2, the Court below thought it fit to ensure production of the documents as sought by the plaintiff for proper determination of the mesnse profits. As rightly observed by the Court below, by allowing the said petition no prejudice can be said to have been caused to the defendants 1 to 3. In the facts and circumstances of the case, I am unable to hold that the discretion exercised by the Court below in allowing the application can be termed as perverse or arbitrary. Hence, the interference by this Court is not warranted. Accordingly, the Civil Revision Petition is dismissed. No costs. ______________ G. ROHINI, J Date: 18.11.2011 KLP