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High Court for State of TelanganaCRP/5200/2016dismissed as infructuous

Ramachandra Panda, v. Balaji Panda,

2017-07-06M.Satyanarayana Murthy1 pages

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION No. 5200 OF 2016 ORDER:

This civil revision petition under Article 227 of the Constitution of India is filed challenging the order dated 05-02-2016 in I.A.No. 535 of 2015 in O.S.No. 12 of 2015 on the file of the Court of VI Additional District Judge, Sompeta (for short, 'the Court below'), whereby the Court below dismissed the application filed under Section 151 of the Code of Civil Procedure to reopen the evidence of the plaintiff.

During hearing, it is brought to the notice of this Court that the evidence of the plaintiff was already reopened, further examined P.W.1, got marked Ex.A14 certified copy of Will dated 26-03-1928 and it is coming on for further crossexamination of P.W.1. Therefore, question of again reopening the evidence of the plaintiff does not arise and hence the petition has become infructuous. The civil revision petition is accordingly dismissed as infructuous. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.

_____________________________ M.SATYANARAYANA MURTHY, J.

Date: 06-07-2017.

JSK