HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.5517 OF 2007 DATE:21-01-2011 BETWEEN Tatavarthi Brahmananda Rao & Others …Petitioners AND The Deputy Commissioner, Endowments, Ramaraopet, Kakinada & Others. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.5517 OF 2007 ORDER: This revision under Article 227 of Constitution of India is directed by the plaintiffs against the orders of Senior Civil Judge at Machilipatnam dismissing I.A.No.1589 of 2007 in O.S.No.56 of 1997, dated 20.11.2007 filed for a direction to the first defendant to produce the documents which are filed in O.A.No.55 of 1976. The plaintiffs-petitioners herein filed the suit for declaration that the third defendant-temple has no title to the schedule property and that the orders passed on 2.4.1996 in O.A.No.55 of 1976 by the first defendant are null and void. Since the plaintiffs- petitioners filed the O.A.No.55 of 1976 for the same relief, on dismissal of the same under the earlier Act, they have to challenge the order passed in the said O.A. by way of a civil suit. In view of the same, it is incumbent upon the respondents-defendants to transmit all the documents, which were filed in O.A. to be marked in the suit. The lower Court without noticing the scheme of the Act, simply dismissed the impugned I.A. only on the ground that as per the orders passed by the appellate Court in C.M.A. fixing time limit to dispose of the suit within three months, it has to dispose of the suit and therefore, it cannot call for the said documents. The finding that if at all the petitioners have any substantive evidence in the shape of documents, they would be at liberty to file certified copies of those documents since Section 65 of the Evidence Act may come to their rescue, is not a ground to deny the relief. Under those circumstances, the revision is allowed and the impugned order passed by the lower Court is set aside and I.A.No.1589 of 2007 stands allowed. No costs. _______________ A. GOPAL REDDY, J. JANUARY 21, 2011 Tsr.