Konatham Sathyanarayana Reddy v. Konatham Bixam Reddy

THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY THIS THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE MR JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.3719 of 2014 Between:

Konatham Sathyanarayana Reddy .....

PETITIONER AND Konatham Bixam Reddy .....RESPONDENT The Court made the following:

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION No.3719 of 2014 ORDER:

Heard the learned counsel for the petitioners and the learned counsel for the respondent.

This civil revision petition is filed against the order made by the trial Court in O.S.No.159/2010 on 31.07.2014. The petitioners/defendants wanted to confront PW 1 with two documents dated 08.06.2010 and 11.06.2010 which are in Telugu language on white papers.

Those two documents relate to a settlement made between the parties with regard to the property and assignment of land and indicate partition and division of the property. The trial Court opined that since the documents involved transfer of property, they require stamp duty and registration. The trial Court declined to give exhibit number to the documents and also permit the defendants to confront the documents to PW 1. The trial Court accordingly refused the request of the petitioners/defendants to confront those two documents dated 08.06.2010 and 11.06.2010 to PW 1 during cross examination, by relying on the decisions of this Court in S.Jaheer Amzed Khan v. S.Nazeer Amzed Khan[1] and Shaik Kutbuddin v. Goli Vishwanadham[2].

Perused the order of the trial Court and the order of the trial Court is perfectly valid and it does not suffer from any infirmity, warranting interference under Article 227 of the Constitution of India. Accordingly, the civil revision petition is dismissed. No order as to costs.

At this stage, the learned counsel for the petitioners/defendants seeks a direction to send the documents for impounding. It is left open to the petitioners/defendants to make an appropriate application before

the trial Court for taking necessary steps for impounding the documents. Since the suit is for partition in respect of immovable property, the trial Court shall endeavour to dispose of the suit, as expeditiously as possible, preferably, within a period of 6 (six) months from the date of receipt of a copy of this order. It is needless to say that the parties shall cooperate with the trial Court for disposal of the suit. Pending miscellaneous petitions, if any, shall stand closed in consequence.

_________________________ A.RAMALINGESWARA RAO,J Date: 13.03.2015 Dsr [1] 2004 (5) ALT 113 [2] 2014 (2) ALT 275