THE HON’BLE SRI JUSTICE B PRAKASH RAO Dated:19th February 2010 CIVIL REVISION PTITION NO.3511 OF 2009 Between: Guntupalli Venkata Subbamma …Petitioner And Guntupalli Vijayalakshmi and others …Respondents THE HON’BLE SRI JUSTICE B PRAKASH RAO CIVIL REVISION PTITION NO.3511 OF 2009 ORDER: Heard both sides and at their request the revision petition is taken up for final disposal at the admission stage. The petitioner herein who is respondent in the suit is aggrieved against the orders in respect of an application which is purportedly filed under Order 11 Rule 14 and sections 151 of Civil Revision Petition, whereunder direction was sought against the respondent no.5 to produce the election material before the Court. The grievance of the petitioner is that while considering the said application, the Court below proceeded beyond its scope and relief sought for and virtually sought to dispose of the main O.P. itself by ordering for recounting by appointing an Advocate Commissioner, hence, the revision. Having heard the counsel and on perusal of the material it is quite apparent, apart from admitted case even on the side of the respondent that the application is only for production of the election material, therefore the Court below could not have proceeded beyond its scope and it ought to simply disposed of the said application as sought for, rather than going into the merits of the case, inasmuch as recounting and appointment of Advocate Commissioner are matters which have to be necessarily considered while disposing of the main OP but not in an interlocutory proceedings of this nature. In view of the same, the revision is allowed and the order of the Court below dated 24.7.2009 is set aside only to the extent of ordering recounting and appointment of Advocate Commissioner for the said purpose. It is made clear that allowing the said application to the extent of ordering for production of election material stands. It is left open for the Court below to pass afresh orders on merits in the main O P after considering the rival contentions of the parties, uninfluenced by any of the observations made in this revision. The Court below shall dispose of the main O P within a period of three months from the date of receipt of copy of this order. Subject to above, the revision is allowed. No costs. _______________ B PRAKASH RAO,J DATE: 19.2.2010 TVK THE HON’BLE SRI JUSTICE B PRAKASH RAO CIVIL REVISION PTITION NO.3511 OF 2009 Date: 19.2.2010