High Court for State of TelanganaCRP/3586/2016disposed of no costs

M.B.Ranga Reddy, v. Y.Manjusha

2016-09-16C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVISION PETITION No. 3586 of 2016 ORDER:

1) Aggrieved by an order, dated 22.06.2016 passed in I.A.No.71 of 2016 in H.M.O.P.No.68 of 2012 on the file of the Principal Senior Civil Judge, Chittoor, wherein an application filed to re-open the case for the purpose of adducing further evidence was rejected, the present Civil Revision Petition is filed. 2) As seen from the record, the petitioner herein filed I.A.No.181 of 2014 to send himself for medical examination at S.V.Medical College, Tirupathi for potency test which was allowed. Pursuant there to, a committee of doctors conducted the test and issued the certificate. On 27.04.2016 when the matter was posted for further evidence of the petitioner, learned counsel for the petitioner was not present and the said certificate could not be marked as such, the Court closed the evidence and post the matter for arguments.

Thereafter, the present application came to be filed to re-open the case for the purpose of marking the Potency Certificate.

summoning the witness. Aggrieved by the same the present Civil Revision Petition is filed.

3) Having regard to the facts and circumstances of the case and it is the Board which has issued the certificate, the order under challenge is set aside and consequently the Superintendent of S.V.Medical College, Tirupati, is directed to send one of the doctors of the hospital, who was the member of the committee to give evidence in H.M.O.P.No.68 of 2012 on the file of the Principal Senior Civil Judge, Chittoor, on the date fixed by the Court below. It is needless to mention that on the said date, the parties, who intend to cross examine the witness, shall cross examine the witness without taking any further time. The trial Court shall take all steps to complete the case within two or three months, thereafter.

4) Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs.

5) Miscellaneous Petitions, if any, pending in this Civil Revision Petition, shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 16.09.2016 gkv