THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 5310 of 2008 ORDER: 1. This Civil Revision Petition is filed challenging the dated 29.9.2008 in I.A. No.477 of 2008 in O.S. No.36 of 2003 on the file of the Junior Civil Judge, Jaggayyapeta, whereunder and whereby the trial Court ordered issue of summons to the Commissioner, Jaggayyapet Municipality in the application filed under Order XVI Rule 10 read with Section 151 of the Code of Civil Procedure, 1908. 2. Heard both sides. 3. The interlocutory application was filed to issue summons to the Commissioner, Jaggayyapet municipality to bring original lay out plan no.428/81 belonging to R.S. No.170/2 of Jaggayyapet town and approved plan of house of the first respondent/first defendant bearing door no.6-752 of Jaggayyapeta town and to give evidence to prove her case. Without giving an opportunity to the petitioner/plaintiff, the trial Court passed the order on the same day. When her counsel prayed time for filing counter, it was not granted. 4. Further more, the first respondent/first defendant can as well obtain certified copies of the said documents from the Municipality and file the same, and thereafter, she can prove the documents through the concerned witnesses. Otherwise, it must be shown that a party applied for certified copies of the documents, but the same were not granted by the concerned authorities. It is not stated in the affidavit filed in support of the petition that the first respondent herein applied for certified copies of the documents and the same were not granted. Therefore, simply ordering to issue summons to the Commissioner is improper. 5. Hence, the impugned order is set aside and the matter is remanded to the trial court with a direction to give an opportunity to the petitioner herein to file counter and thereafter pass appropriate order duly following Rule 129 (3) of the Civil Rules of Practice. 6. The Civil Revision Petition is, accordingly, allowed. No costs. --------------------- (K.C.Bhanu, J.) 7.2.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 5310 of 2008 7.2.2011 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 5310 of 2008 7.2.2011 Between: Vadakoppula Kamalamma …Petitioner And Oruganti Anjamma & another …Respondents