Mohammad Jamsheed (Died) v. Botta Naga Chiranjeevi Reddy

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Smt. Justice T.Rajani Civil Revision Petition No.335 of 2017 Date: 25.01.2017 Between:

Mohammed Jamsheed (died) and 6 others ... Petitioners and Botta Naga Chiranjeevi Reddy

...Respondent

Counsel for the Petitioners:

Mr.V.Surendra Reddy Counsel for the respondent:

Mr.P.Sashi Kiran The Court made the following:

CVNR, J & TR, J CRP.No.335 of 2017 Dt: 25.01.2017 Order: (Per the Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Civil Revision Petition is filed under Article 227 of the Constitution of India feeling aggrieved by docket order, dated 27-12-2016, in AOP.No.27 of 2013 on the file of the Principal District Judge, Krishna District at Machiliptanam. At the hearing, Mr.V.Surendra Reddy, learned Counsel for the petitioners, submitted that his clients are mainly aggrieved by marking of Ex.A.3 at the instance of the respondent without proper opportunity to them. A perusal of the order under revision shows that Exs.A.1 to A.12 were marked after calling the petitioners absent.

In our opinion, the petitioners are entitled to an opportunity of putting forth their objections to the marking of Ex.A.3 as they could not avail the same at the time of its marking.

Mr.P.Sashi Kiran, learned Counsel for the respondent, also did not oppose to this extent.

CVNR, J & TR, J CRP.No.335 of 2017 Dt: 25.01.2017 In the light of the above, the Civil Revision Petition is disposed of with the direction to the lower Court to permit the petitioners to raise their objection to the marking of Ex.A.3 and decide on its relevancy and admissibility after hearing both sides.

As a sequel to disposal of the Civil Revision Petition, CRPMP.No.416 of 2017, filed by the petitioners for interim relief, is disposed of as infructuous.

______________________ (C.V.Nagarjuna Reddy, J) ___________ (T.Rajani, J) Dt: 25th January, 2017 lur