Rangineni Bhagwath Rao v. Rangineni Somaiah,Someshwar Rao And Another

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO C.R.P.No.289 of 2019 O R D E R:

This Revision is filed by the petitioner assailing the order dt.29.01.2019 in O.S.No.51 of 2012 refusing to permit the petitioner/1st defendant to confront to PW-2, a witness for 1st respondent/plaintiff, a sketch map filed along with the Written Statement.

2.

Counsel for the petitioner contends that the Court below erred in refusing permission and grave prejudice would be caused to the petitioner, if the petitioner is not permitted to confront the sketch map filed along with the Written Statement to PW-2. 3.

Admittedly, the sketch map in question is annexed to Written Statement and it is not authored by PW-2. Also the said sketch map was not confronted to PW-1, the plaintiff in the suit. PW-2 is admittedly only a Farm Servant and the sketch map prepared by the petitioner/1st defendant cannot be confronted to him since he is a third party to the sketch map.

4.

I therefore do not find any error of jurisdiction in the order passed by the Court below warranting interference of this Court under Article 227 of the Constitution of India. 5.

Accordingly, this Civil Revision Petition is dismissed at the admission stage. No order as to costs.

6.

Consequently, Miscellaneous petitions pending if any shall stand dismissed.

______________________________ M.S. RAMACHANDRA RAO, J 18th February, 2019.

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