THE HON’BLE SRI JUSTICE C.V.RAMULU CIVIL REVISION PETITION No.4286 of 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order dated 31.07.2009 passed in I.A.No.454 of 2009 in O.S.No.587 of 2006 on the file of the II-Additional Senior Civil Judge, Sri Potti Sriramulu Nellore District. Respondent herein is the plaintiff in the suit O.S.No.587 of 2006 filed against the petitioner herein and others, for their eviction from the schedule property. A written statement was filed by the petitioner herein in the said suit denying the contentions made by the plaintiff. During pendency of the said suit, the present I.A.No.454 of 2009 has been filed by the petitioner herein under Order XVI Rule 6 of C.P.C., to summon the Tahsildar of Nellore for ascertaining the nature of the suit schedule property. It was the case of the petitioner herein before the Court below that the suit schedule property is the Government property and not the property of the plaintiff and, therefore, it is just and necessary to examine the Tahsildar of Nellore to ascertain the nature of the suit schedule property. The present I.A. was resisted by the respondent herein by filing a counter affidavit. After detailed consideration of the rival contentions of both parties, the Court below dismissed the I.A. by order dated 31.07.2009. Aggrieved thereby, the present Civil Revision Petition is filed. Learned counsel for the petitioner submits that the plea of the petitioner in the present I.A. is that the suit schedule property is the Government land. He submits that the petitioner has taken the very same plea even in the written statement filed in the main suit. Heard the learned counsel and perused the impugned order and other material placed on record. On a reading of the copy of the written statement filed by the petitioner in the main suit, which is placed before this Court, the plea of the petitioner does not find place in it and the same is found only in the affidavit filed in support of the present I.A. Apart from this, it is to be noticed that in a suit being O.S.No.1088 of 2006 on the file of the learned Principal Senior Civil Judge, Nellore, filed by the petitioner and her husband against the respondent and her son-in-law, for permanent injunction, it was the contention of the petitioner that they are in permissive possession and enjoyment of plaint schedule property. Thus, it is clear that the petitioner has taken inconsistent stand in the suit O.S.No.1088 of 2006 filed by her and in the present I.A. The trial Court, having taken note of these facts, has rightly dismissed the present I.A. by the impugned order dated 31.07.2009 and the same needs no interference of this Court under Article 227 of the Constitution of India. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. _____________ C.V.RAMULU,J 10.06.2010 v v