Chavva Brahmananda Reddy v. Kakumanu Ramesh

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITION NO: 995 OF 2020 Petition under Article 227 of the Constitution of India, aggrieved by the Order dated.10.08.2020 passed in l.A.No.68 of 2020 in O.S.No.220 ol 2015 on the file of the Court of the Junior Civil Judge, Nidamanoor, Nalgonda District. Between:

Chawa Brahmananda Reddy, S/o. Late Veera Reddy, Age about 64 years, Occ. 4griculture, R/o H.No.2-617 (New Number), (Old Number) H.No.2-292lA, Sagar Road, Haliya, Anumula Mandal, Nalgonda District. ... Petiti one r/Defenda nt AND Kakumanu Ramesh, S/o. Ankarao, Aged about 45 years, Occ. Business, Rl/o. Vasavi Arcade Apartment, Flat No. 103, Vasavi Colony, Kothapet, Hyderabad, Ranga Reddy District.

...RespondenUPlai ntiff lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to stay all proceedings in l.A.No.6B of 2Q2O in O.S.No.220 of 2015 on the file of Court of Junior Civil Judge, Nidamanoor, till the disposal of the above CRP, in the interest of justice. Counsel for the Petitioner: SRI M. A. K. MUKHEED Counsel for the Respoirdent: SRI KIRAN PALAKURTHI The Court made the following: ORDER

THE HON'BLE SRI ]USTICE CHALLA KODANDA RAM CIVIL REVISION PETITION No,995 of 2O2O ORDER:

This Civil Revision Petition is filed against the order 10,08.2020 passed by the Junior Civil Judge, Nidamanoor, in LA.No.68 of 2020 in O.S.No.220 of 2015.

Heard the learned counsel for the petitioner/defendant, and Sri Kiran Palakurthy, learned counsel for the respondent/plaintiff. It is a case where the defendant filed an application invoking Order XVI Rule 7 of Code of Civil Procedure seeking issuance of summons to one K. Anka Rao for the purpose of giving evidence with respect to document Ex.B-28 on the ground that K. Anka Rao was the scribe of the document Ex.ll-28. The application was opposed by the plaintiff. It is not necessary for this Court to delve deep into the matter and record the reasons as to in what manner the application was dealt by the learned.lunior Civil Judge. Suffice it to state that the learned lunior Civil Judge went on to discuss the merits of the matter, and more particularly, a reference was made in the pleadings with respect to the said document Ex. B-28.

There is no dispute that the document per se was not mentioned in the written statement, however, there being a mentlon in the written statement with respect to agreement among the parties and a resolution having been made, it is not necessary that the evidence is required to be mentioned in the written statement. As the petitioner apprehended that the scribe of the document Ex.B-28, which was already on record, may not cooperate to come forward to give evidence on his behalf, as a matter of abundant caution, he made an application before the Court .seeking the Court to summon the said witness K. Anka Rao. It may be

l crl,g9-(_1020 CKR. I noticed that the application was made invoking Order XVI Rule 1 and not under Order XVI Rule 7 of CPC as mentioned by the learned Junior Civil Judge in his order. The very discussion of merits of the matter is an irregularity committed by the learned Junior Civil Judge' There being no dispute with respect to Ex'B-28 being on record and that K. Anka Rao was the scribe of the said document' the dismissal of the application made by the petitioner is unsustainable' Accordingly, the civil revision petition is allowed' by setting aside the impugned order dated 10'08'2020' No costs' Miscellaneous petitions, if any pending, shall stand closed' SD/.V,SUDHA ASSISTANT REGISTRAR //TRUE COPY/i @ SECTION OFFICER To,

1. The Junior Civil Judge, Nidamanoor, Nalgonda District

2. One CC to Sri M. A. K. Mukheed, Advocate IOPUC] i. On" CC to Sri Kiran Palakurthi, Advocate [OPUC]

4. Two CD CoPies IUIVK gbr

HIGH COURT DATED: 1510412021

ORDER

I t:

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(4 o CRP.No.995 of 2020 nl / ,.?

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7* s* \q rJ { \/ ALLOWING THE CIVIL REVISION PETITTON ll )