Terapalli Surya Rao, v. Eti Rama Krishna Rao,
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.4435 of 2017 Date:08.9.2017 Between:
Terapalli Surya Rao, S/o Late Sanyasi ..... Petitioner And:
Rama Krishna Rao, S/o Tammudayya Naidu .....Respondent Counsel for the petitioner: Mr. T.V.Jaggi Reddy The Court made the following:
CVNR, J CRP.No.4435 of 2017 Dated:08.9.2017 ORDER:
This Civil Revision Petition is filed against order, dated 23.6.2017, in I.A.No.56 of 2017 in O.S.No.1772 of 2012 on the file of the VI Additional Senior Civil Judge, Visakhapatnam, whereby it has dismissed the said I.A. filed by the petitioner for summoning the Bank Manager of Andhra Bank, KGH Branch, Visakhapatnam for giving evidence and also for producing the relevant record (Statement of Account) pertaining to the petitioner's S.B A/c No.103001100011999.
From the pleadings of the petition, it is evident that the only purpose of summoning the Bank Manager is to prove that the cheque/draft through which the sale consideration was alleged to have been received by the petitioner was never credited to his account.
In my opinion, the I.A. itself is wholly misconceived because the petitioner ought to have obtained a certified copy of the bank statement pertaining to his own S.B. Account. Instead of doing so, he has resorted to a needless process of seeking summoning of the Bank Manager. Evidently, the petitioner filed the said I.A. with a malicious intention to prolong the litigation and therefore, there are absolutely no bona fides in filing the said petition. The Court below has, therefore, rightly dismissed
CVNR, J CRP.No.4435 of 2017 Dated:08.9.2017 the said petition. Hence, I do not find any reason to interfere with the order of the Court below.
The Civil Revision Petition is, accordingly, dismissed. As a sequel, CRPMP.No.5821 of 2017 stands dismissed as infructuous.
__________________________ JUSTICE C.V.NAGARJUNA REDDY 08th September 2017 DR