THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 5636 OF 2009 DATE: 28.1.2011 BETWEEN: Satti Venkata Reddy petitioner And Arumilli Rajya Lakshmi and others respondent Counsel for the petitioner : Sri G Ram Gopal Counsel for the respondent No.1 : Sri S.V.S. Chowdary Counsel for the respondents 2 and 3 : N P The Court made the following order: THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 5636 OF 2009 ORDER: This revision is filed against the order dated 5.2.2009 in I A No. 1433 of 2008 in O.S. No. 31 of 2004 by the Junior Civil Judge, Gajuwaka, Visakapatnam dismissing the application filed under Order 16 Rule 1 & 4 read with Section 151 of Civil Procedure Code to summon the Sub Registrar, Subbavaram, Visakapatnam. Heard learned counsel for petitioner and learned counsel appearing for first respondent. The petitioner herein is plaintiff in suit in O.S. No. 31 of 2004 on the file of the Junior Civil Judge, Gajuwaka, initially filed by his father, seeing injunction restraining the respondents herein from interfering with his peaceful possession and enjoyment in respect of plaint schedule property. It is stated that he was examined and P.W.1 and Chief Examination affidavit of P.W.2 /Mr Galla Appa Rao was filed. It is stated that third defendant has lodged a complaint before the Gajuwaka police station alleging that petitioner and others were encroaching into his property. The said complaint was registered as C.C. No. 572 of 2002 on the file of the VIII Metropolitan Magistrate Court, Gajuwaka and in the said C.C., the then Sub Registrar was examined as a witness and he has addressed a letter dated 26.7./2002 to the Inspector of Police informing about registration of certain transactions and the said letter was filed along with the charge sheet in the said case. To prove the said letter, the said Sub Registrar is required to be summoned for adducing evidence, therefore, the petitioner herein filed an application in I A No. 1433 of 2008 under Order 16 Rule 1 and 4 read with section 151 of Civil Procedure Code, to summon the said Sub Registrar along with entire record pertaining to letter dated 26.7.2002 issued by him. In the said Interlocutory Application, a counter affidavit was filed stating that the same was filed to drag on the matter as long as possible. Though, the said application was not seriously opposed by the respondents before the Court below, the same was dismissed observing that the proposed witness examined in C.C No. 572 of 2002 is of no consequence to the suit on hand and that the proposed witness is a Government official and he cannot be issued any summon as his services are essential for public. Learned counsel for petitioner submitted that in identical circumstances, this Court allowed C.R.P. No.1259 of 2009 by orders dated 22.11.2001 ( Alluri Rama Krishna Vs. Armilli Rajya Lakshmi and others). In the circumstances of the case, I am not inclined to express any opinion on the merits of the case and instead of going into the legality or correctness of the said correspondence and its evidentiary value in the present suit and considering the fact 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 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 borne out by the petitioner. Accordingly, the order under revision in I A No.1433 of 2008 in O.S. No.31 of 2004 on the file of the Junior Civil Judge, Gajuwaka, Visakapatnam is set aside and I.A. No. 1433 of 2008 stands allowed. In the result, the revision petition is allowed. No Costs. ______________ V ESWARAIAH,J DATE: 28.1.2011 TVK THE HON’BLE SRI JUSTICE V ESWARAIAH C.R.P. NO. 5636 OF 2009 DATE: 28.1.2011