Mohd. Sirajuddin v. Iqbal Banu Begum

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO C.R.P.No.6533 of 2012 O R D E R:

Heard counsel for revision petitioner.

2.

This Civil Revision Petition is filed assailing the order dt.28.11.2012 in I.A.No.723 of 2012 in O.S.No.2566 of 2010 passed by the XIX Junior Civil Judge, City Civil Court, Hyderabad permitting an Advocate-Commissioner to record the evidence of 1st respondent on the ground that the 1st respondent is suffering from chronic Lumbago Osteoarthritis and pain in her lower limb and unable to move from bed.

3.

It is not in dispute that a Medical Certificate has also been filed by the 1st respondent showing the treatment she is undergoing for the ailment in question and the Court below placed reliance on it and allowed the application I.A.N0.723 of 2012 filed by the 1st respondent as mentioned above. 4.

Though counsel for petitioner sought to dispute the medical condition of the 1st respondent, no contra material is placed before the Court below to come to a different conclusion. 5.

The order passed by the Court below being discretionary and being well within the jurisdiction of the Court below, I see no reason to interfere with the said order in exercise of power under Article 227 of the Constitution of India.

6.

Therefore, this Civil Revision Petition is dismissed. No order as to costs.

7.

Consequently, miscellaneous petitions pending if any, shall stand closed.

______________________________ M.S. RAMACHANDRA RAO, J 03rd January, 2019.

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