Gosala Tata Rao, v. Mylapalli Jagannadham,
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION Nos. 356, 357 & 984 of 2015 COMMON ORDER:
The petitioner in all these civil revision petitions is common and is defendant in separate suits filed by the respondent herein. He filed three applications to send for the original promissory notes filed in different Courts and the said applications were dismissed by the learned I Additional Senior Civil Judge, Kakinada, by common order dated 30.10.2014, challenging which, the present civil revision petitions are filed.
2. The learned counsel for the petitioner submits that after filing of the civil revision petitions, five suits were transferred to the Court of the I Additional Senior Civil Judge, Kakinada, where an earlier suit was pending, pursuant to the order dated 26.10.2015 in Tr.C.M.P.No.14 of 2015 and batch.
3. Since the impugned order was passed by the learned I Additional Senior Civil Judge, Kakinada when the suits were in three different Courts, the impugned order cannot be found fault with. However, the learned counsel for the petitioner submits that he would make a necessary prayer to the same Court for comparing the admitted signatures with the signatures on the suit promissory notes and the said prayer can be considered by the learned I Additional Senior Civil Judge, Kakinada without being influenced by the common order passed in the present I.As. It is needless to mention that the I Additional Senior Civil Judge, Kakinada, to whom all the cases were transferred, shall consider the application filed by the petitioner as and when he files, in accordance with law, without being influenced by the impugned order dated 30.10.2014 when the suits were in different Courts.
4. In the circumstances, all the Civil Revision Petitions are dismissed.
Consequently, interim stay dated 17.03.2015 granted in C.R.P.No.984 of 2015 is vacated and miscellaneous petitions, if any, pending in the civil revision petitions shall stand dismissed. There shall be no order as to costs. _______________________________ A.RAMALINGESWARA RAO, J 12th November, 2015 cbs
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO
CIVIL REVISION PETITION Nos. 356, 357 & 984 of 2015
12th November, 2015 cbs