Chitikena Musalaiah v. Parimi Venkatesh And 10 Others

HON'BLE Dr.JUSTICE B.SIVA SANKARA RAO Civil Revision Petition No.3030 of 2015

ORDER

Heard both sides and perused the impugned order. Basically no one can be compelled to perform the impossibility. Once such is the case, as can be seen from the impugned order of the lower Court from the contest by the 7th respondent denying about the possession of the document with her which is an unregistered sale agreement-cum-sale deed dated 22.06.1960, there is nothing to interfere but for if at all from the say by the plaintiff of D.W.4 in his cross-examination stated about the original person P.Chinna Venkaiah gifted the property which he got under the original of that unregistered will dt.22.06.1960, vide Ex.B.16 gift deed document No.222,dt.22.04.2003. At best to issue notice to produce as contemplated by Order X Rule 8 CPC. Thereby there is nothing more to interfere with the impugned order if at all any part of the property covered by the so called gift. Accordingly and in the result, the revision is disposed of. Consequently, miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed.

_______________________ Dr. B. SIVA SANKARA RAO, J Date:02.01.2018 vvr