Poonam Chandra And 2 Others v. Mahesh Chand And 35 Others

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CIVIL REVISION PETITION No.2958 OF 2018 ORDER:

This Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the docket order dated 05.03.2018 passed in I.A.No.141 of 2018 in O.S.No.24 of 2005 on the file of the IX Additional Chief Judge, City Civil Court at Hyderabad.

2.

Learned counsel for the petitioners seeks permission of this Court to permit the petitioners to withdraw the civil revision petition with a liberty to challenge the validity or otherwise of the document i.e., Ex.B.30 at the time of arguments before the trial Court. He further submitted that the trial Court may be directed to consider the above referred document in the light of the provisions of the Indian Evidence Act.

3.

In view of the submission made by the learned counsel for the petitioners, this Court is not inclined to go into the merits of the main case.

4.

Permission is granted.

5.

Having regard to the facts and circumstances of the case, the Civil Revision Petition is dismissed as withdrawn with a liberty to the petitioners to urge the points raised herein before the trial Court in connection with Ex.B.30. The trial Court is hereby directed to consider the above referred document in the light of the provisions of the Indian Evidence Act. There shall be no order as to costs.

6.

Consequently, Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed. __________________________ T.SUNIL CHOWDARY, J Date: 04.06.2018 Ivd