Kandula Siva Sankar Reddy v. Badiginchela Yengamma And 8 Others

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CIVIL REVISION PETITION No.700 OF 2017 ORDER:

This Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the docket order dated 16.12.2016 passed in O.S.No.225 of 2005 on the file of the Court of the Senior Civil Judge, Proddatur.

2.

Learned counsel for the petitioner seeks permission of this Court to permit the petitioner to withdraw the civil revision petition with a liberty to challenge the validity or otherwise of the documents i.e., Exs.B.86, B.90, B.103, B.104 and B.105 at the time of arguments before the trial Court. He further submitted that the trial Court may be directed to consider the above referred documents in the light of the provisions of the Indian Evidence Act. 3.

In view of the submission made by the learned counsel for the petitioner, this Court is not inclined to express any opinion touching 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Having regard to the facts and circumstances of the case, the Civil Revision Petition is dismissed as withdrawn with a liberty to the petitioner to challenge the validity or otherwise of the documents i.e., Exs.B.86, B.90, B.103, B.104 and B.105 at the time of arguments before the trial Court. The trial Court is hereby directed to consider the above referred documents 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: 27.04.2018 Ivd