D. Nageswara Rao v. Y. Durga Prasad

HON'BLE SRI JUSTICE G. CHANDRAIAH C.R.P. No. 1104 of 2016 DATE: 26.04.2016 Between:

D. Nageswara Rao .. Petitioner And Y. Durga Prasad .. Respondent

O R D E R:- This Civil Revision Petition is directed against the order dated 16.02.2016 made in I.A.No. 136 of 2016 in O.S.No. 730 of 2015 by the learned Principal Junior Civil Judge, Vijayawada, whereby the petition filed by the defendant under Order 16 Rule 1 and Section 151 CPC to issue witness summons to the Branch Manager, State Bank of India, Madhuranagar Branch, Vijayawada to cause production of statement of SB Account No. 32161465364 for the period from 01.01.2014 to 30.06.2014 relating to Danaboyina Nageswara Rao i.e. plaintiff and to give evidence in the main suit, was allowed. This Court, by order dated 26.02.2016, while ordering notice before admission including personal notice, directed the matter to be listed after proof of service of notice on the respondent-defendant is filed. Today, when the matter is taken up for hearing, nobody has appeared on behalf of the petitioner-plaintiff nor is made any representation on his behalf. The learned counsel for the respondent-defendant submits that the order under revision has already been

given effect to and the Branch Manager concerned was summoned and examined and now the suit is coming up for arguments.

The submission made by the learned counsel for the respondent is placed on record and the Civil Revision Petition is closed as no further orders are necessary. No order as to costs.

As a sequel to the closure of the Civil Revision Petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_________________ G. CHANDRAIAH, J 26.04.2016 bcj