HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.1259 of 2009 Dated 22-11-2010 Between: Alluri Rama Krishna Raju. …Petitioner. And: Arumilli Rajya Lakshmi and others. …Respondents. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.1259 of 2009 ORDER: Petitioner herein is the plaintiff in O.S.No.60 of 2004 before the Junior Civil Judge Court, Gajuwaka, Visakhapatnam. In a suit for injunction, a document namely a letter dated 26-7-2002 addressed by the Sub-Registrar, Subbavaram, Visakhapatnam is said to have been marked as Ex.A.4. The petitioner thereafter filed an application I.A.No.1431 of 2008 in O.S.No.60 of 2004 seeking to summon the said Sub-Registrar, who is the author of the said letter, in order to prove the said letter. The said application was rejected by the Court below on the ground that this is a suit for injunction and the witnesses who is the Government official cannot be summoned as their services are essential for the public. This Court while ordering notice before admission, granted interim stay on 20-3-2009. On behalf of the respondents, nobody is appearing to contest the C.R.P. Learned counsel for the petitioner points out that portion of the counter affidavit of the respondents, wherein was stated that if at all the Court comes to the conclusion to consider the petition, it would be ideal to issue hand over summon for speedy disposal of the suit. Heard the learned counsel for the petitioner who stated that the said Sub-Registrar is now working at his station closer to the Court below and instead of disturbing him from his official work, the petitioner may be permitted to examine him to the extent indicated above by appointing an advocate Commissioner and the petitioner offers to bear the expenditure for that purpose. At this stage, therefore, instead of going into the legality or correctness of the said correspondence and its evidentiary value in the present suit and considering that this revision is not contested by the respondents and that even before the Court below, respondents had not seriously opposed the petitioner’s application, I dispose of this Civil Revision Petition by permitting the petitioner to examine the said Sub-Registrar if they so desire, by directing the Court below to appoint an Advocate Commissioner for that purpose and all the costs and expenses for such examination shall be born out by the petitioner. The petitioner is therefore granted liberty to seek appointment of an advocate Commissioner before the Court below for the aforesaid purpose provided that he makes an application accordingly within four weeks from today and thereupon, the Court below shall appoint an Advocate Commissioner for the aforesaid purpose and thereafter, the Court below shall proceed with the suit in accordance with law. In the event of default on the part of the petitioner in making such an application within the time stipulated above, the trial Court shall proceed further with the suit and dispose of the same expeditiously. This Civil Revision Petition is accordingly disposed of. No costs. _____________________________________ JUSTICE VILAS V. AFZULPURKAR Dated 22-11-2010. Note: Issue copy of order within one week. BO. Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.1259 of 2009 Dated 22-11-2010