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High Court for State of TelanganaCRP/2000/2010dismissed for default

Pingali Gopalakrishnaiah v. Mylavarapu Surya Prakasa Rao

2015-01-27R.Subhash Reddy2 pages

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.2000 OF 2010 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed aggrieved by the order, dated 09.03.2010, passed in I.A.No.18 of 2010 in A.S.No.14 of 2009 by the learned Senior Civil Judge, Avanigadda, by which, the petition filed by the petitioner - appellant, under Section 45 of the Indian Evidence Act, 1872 and Order XXVI Rule 10 (A) C.P.C., to send Exs.A1 and A2 to the Hand Writing Expert to determine the age of the ink of writings on Exs.A1 and A2, was dismissed.

When the matter came up on 24.09.2010, there was no representation on either side. Even today, when the matter has come up, none appears for the petitioner and there is no representation on his behalf.

As the appeal is of the year 2009 and as the revision petition is directed against the order passed in an Interlocutory Application, the appeal itself might have been disposed of by this time. Further, by repeated nonrepresentation of the matter, it appears that the petitioner is not interested in pursuing the revision.

Therefore, the revision petition is dismissed for non-prosecution. Miscellaneous Petitions, if any, pending in this revision petition shall stand closed. No costs. ______________________ R.SUBHASH REDDY, J 27th January, 2015 MD