Koyya Tatabbai v. Gubbala Suri Babu

HON'BLE SRI JUSTICE S. RAVI KUMAR CIVIL REVISION PETITION No.4179 of 2007 ORDER:

This revision is preferred against order dated 19.02.2004 in I.A.SR.No.899 of 2007 in MVOP No.556 of 2004 on the file of IV Additional District Judge, East Godavari, Kakinada, whereunder, petition filed by revision petitioner to reopen the evidence of doctor is rejected. Challenging the same, present revision is preferred.

2. It is represented that after filing of C.R.P., MVOP No.556 of 2004 is disposed of, and aggrieved by the orders in the said MVOP, revision petitioner herein preferred appeal with delay condonation petition and the same is pending before this Court and requested to tag this C.R.P. also to the appeal filed by revision petitioner herein.

3 . I have perused the material papers. As seen from the record, petitioner herein sought for handover summons to the witness and the trial Court issued handover summons, but revision petitioner failed to return the said summons and without complying service of summons on the witness filed this impugned application requesting the Court to reopen the evidence and the Court rejected the application holding that there are no bonafides. I do not find any illegality or irregularity adopted by the trial Court in considering the application. When the main OP is already disposed of, the cause in this Civil Revision Petition does not survive and it has become infructuous.

4. For these reasons, this Civil Revision Petition is dismissed as infructuous. No costs. Miscellaneous Petitions, if any pending, in this petition, shall stand closed.

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S. RAVI KUMAR, J Date: 22-04-2015.

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