THE HON’BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.3054 of 2011 ORDER: 1 This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the docket order dated 02.07.2011 passed by the learned Senior Civil Judge, Jangaon in O.S.No.3 of 2010. The said docket order reads as under: “P.W.1 is present. Matter is not settled. Both sides requested to send the receipt dated 16.12.2005 filed in I.A.No.95 of 2003 for examination of the expert and both sides have agreed to share the expenses equally. Send the same to F.S.L. on deposit of process fee and fees and after collecting the receipt by this Court. Call on 8-7-2011.” 2 When the matter is taken up for hearing, the learned counsel for the petitioner submitted that the receipt dated 16.12.2005 is not the subject matter of the present suit, but it is the subject matter of the suit in O.S.No.24 of 2003 filed by the respondent for recovery of money. 3 So far as the present suit in O.S.No.3 of 2010 is concerned, there is no plea of paying any money under the receipt dated 16.12.2005. This suit is filed only for the purpose of damages on the ground that he was maliciously prosecuted. 4 As the said receipt dated 16.12.2005 is not the subject matter of the present suit in O.S.No.3 of 2010, it appears that the court below, might have passed the impugned order under mistaken impression. 5 Even the learned counsel for the respondent/plaintiff has also fairly conceded that the receipt dated 16.12.2005 is not part of the record in O.S.No.3 of 2005 pending on the file of the Court of the Senior Civil Judge, Jangaon. 6 In that view of the matter, this Civil Revision Petition is allowed and the docket order dated 02.07.2011 passed by the learned Senior Civil Judge, Jangaon in O.S.No.3 of 2010 is set aside. No order as to costs. However, it is made clear that if there is any dispute with regard to the receipt dated 16.12.2005, this will not preclude the respondent/plaintiff to take such objection in appropriate proceedings. -------------------------- R.Subhash Reddy, J. 28.11.2011 Kvsn