HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.1177 of 2014 Date : 25-4-2014 Between:
Kommineni Subba Rao ..
Petitioner And Bollineni Venkata Subbaratnam .. Respondent Counsel for petitioner : Mrs. Harija Akkineni for Sri M. Subba Reddy Counsel for respondent : --
The Court made the following:
ORDER:
This Civil Revision Petition arises out of order dated 7- 3-2014 in I.A.No.754/2013 in O.S.No.17/2001 on the file of the learned Senior Civil Judge, Ongole.
By the above mentioned order, the lower Court has allowed check petition for Rs.27,146/- filed by the respondent in pursuance of common Judgment dated 3-2- 2011 in Tr.A.S.No.2350/2004 and A.S.No.1088/2002.
The only ground on which this order has been questioned is that the lower Court has not directed the respondent to return the documents of title.
At the hearing, Smt. Akkineni Harija, learned Counsel for the petitioner, has fairly conceded that no findings were rendered either in the suits or in the appeals to the effect that the petitioner has deposited title deeds with the respondent.
In the absence of any finding relating to deposit of title deeds or evidence adduced by the petitioner in I.A.No.754/2013, no direction can be issued to the respondent to return the purported title deeds. Therefore, I do not find any reason to interfere with the order of the lower Court.
The Civil Revision Petition is accordingly dismissed.
As a sequel to the dismissal of the Civil Revision Petition, CRPMP No.1640/2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 25-4-2014 AM