Dadigari Radha Krishna v. Neelakanti Goverdhan

THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD CIVIL REVISION PETITION No. 2677 of 2018 ORDER:

This civil revision petition is arising out of the order dated 11.04.2018 passed in O.S.No.40 of 2010 by the Senior Civil Judge, at Medak.

Brief facts of the case are that the petitioners are the plaintiffs, filed a suit O.S.No.40 of 2010 for declaration and recovery of possession and consequential injunction and they have also filed an interlocutory application in the suit. Plaintiff No.1 has filed evidence affidavit as PW.1 and intended to mark some documents. The defence has raised an objection for marking the documents as Exs.A52 and A53. The trial Court has allowed the petition holding that the relevancy of the documents and their admissibility would be decided during the disposal of the suit.

Learned counsel for the petitioner is heard at the stage of admission.

Learned counsel for the petitioner submits that the 1st plaintiff in O.S.No.40 of 2010 has filed evidence affidavit as PW.1 before the trial Court and intended to mark two documents which are Ex.A52 (Memo dated 28.06.2012), and Ex.A53 (Certified copy of charge sheet filed in C.C.No.385 of 2012 dated 15.03.2012). Learned counsel further submits that both these documents are Xerox copies. Ex.A52 is Xerox copy of the original certificate and Ex.A53 is the copy of charge sheet filed subsequent to the filing of the suit. The trial Court has overruled the

crp_2677_2018 GSP, J objections raised by the learned counsel before the lower Court, observing that the admissibility and relevancy of the documents can be decided during the final disposal of the suit, and permitted the plaintiff to mark the documents.

In view of the observation made by the trial Court, no further orders are required in the revision petition for the reason that the admissibility and the relevancy of the documents will be considered by the Court during trial.

Hence, the civil revision petition is disposed of giving liberty to the petitioner to raise his contentions in respect of those documents during the trial. No costs. Miscellaneous petitions, if any pending, shall stand closed.

______________________________ GUDISEVA SHYAM PRASAD, J 15th June, 2018 LKV

crp_2677_2018 GSP, J THE HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD CIVIL REVISION PETITION No. 2677 of 2018 15th June, 2018 KSM