Goddeti Lingamma v. Yelimineti Uma

HON'BLE Dr. JUSTICE B.SIVA SANKARA RAO C.R.P. No.6449 OF 2016 ORDER:

The revision petitioner herein filed I.A. No.846 of 2016 to reopen the matter for the purpose of further cross examination of R.1 saying several so-called related questions in relation to the pleadings of corrupt practice were not put earlier due to inadvertence by the counsel, which are necessary and on contest, the same was ended in dismissal by the impugned order dated 08.12.2016 in I.A. No.846 of 2016 in E.O.P. No.1 of 2013, present revision is maintained.

2) Heard both sides and perused the legal position and also the impugned order of the lower Court. To sub-serve the ends of justice, instead of giving life to the litigation by keeping the revision pending disposed of by setting aside the impugned dismissal order and by restoring the application I.A. No.846 of 2016 before the lower Court and permitting the petitioner/ respondent No.1 to give what are the relevant questions to ask specifically in a sealed cover to the trial Court on or before 18.01.2017.

It is therefrom the trial Court shall hear and determine as to any relevant out of those questions to permit further examination by passing an order as to which questions is permitting, no doubt without disclosing the substance of the questions but for mentioning serial numbers of the questions and for that only to give a single date for recall for further examination to put only those questions permitted, if any, and nothing beyond. It is also made clear that in the event of allowing of such application, it is by imposing heavy costs of not less than Rs.5,000/- (Rupees five thousand only).

Dr SSRB, J CRP_6449_2016 complete the said process before 25.01.2017 since the matter is already part heard and at the stage of the respondents arguments for continuation and completion of arguments and reply arguments of both sides further.

3) Accordingly and with the above observations, the revision is allowed. No order as to costs.

4) Consequently, pending miscellaneous petitions, if any, shall stand closed.

_____________________________________ Dr.JUSTICE B. SIVA SANKARA RAO Dt.06.01.2017 knl