Kaila Naresh v. Kaila Pullayya (Died)

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY CRP Nos.2926, 2917, 2920, 2927 & 2916 of 2018 COMMON ORDER ::

These revision petitions are filed against the dismissal of the interlocutory applications filed in OS Nos.1, 2, 3, 4 & 5 of 2010 respectively by the plaintiffs in the said suits. The said suits are filed by the revision petitioners herein for permanent injunction restraining the defendantsrespondents from interfering with the suit property. The revision petitioners filed interlocutory applications in the above suits under Section 151 CPC seeking to reopen the matter for submitting reply arguments and also to adduce further evidence in support of their case. The Court below vide order dated 18-04-2018 impugned in these revision petitions, dismissed the applications. Hence, the revision petitions.

2.

Heard the learned counsel for the petitioners and perused the impugned order.

3. It is to be seen that the evidence of plaintiff's side was closed on 25-10-2017 and posted for defendants' side evidence and thereafter the above suits are posted for arguments and arguments were also heard on both sides. At that stage, the petitioners filed the instant applications to re-open the matter to submit reply arguments and for summoning the witness. As rightly observed by the Court below, the plaintiffspetitioners did not move in the matter to further examine the witness to disprove the Will dated 14-05-1949 pressed into service by the respondents immediately after the closure of their evidence and arguments. Petitioners now want to examine the son-in-law of the scribe of the Will dated 14-051949, since scribe died, to show that the Will deed dated 1405-1949 is not genuine and concocted one. It is seen that arguments on both sides is closed and the matters are ripe for disposal. The applications filed belatedly were rightly dismissed by the Court below after giving reasons. I do not find any illegality or irregularity in the impugned orders

passed by the Court below. The civil revision petitions fail and they are accordingly dismissed. Miscellaneous petitions if any pending in these matters shall stand closed. There shall be no order as to costs.

______________________________ A.RAJASHEKER REDDY, J Dated: 15-06-2018 NRG

THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY CRP Nos.2926, 2917, 2920, 2927 & 2916 of 2018 //WEB// 15-06-2018