Kalidindi Devi Seetharama Raju v. Bhupathi Raju Swarajya Lakshmi

THE HON'BLE SRI JUSTI CE M.SATYANARAYANA MURTHY CI VI L REVI SI ON PETI TI ON No.2692 of 2015 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed aggrieved by the order, dated 15.04.2015, in Interlocutory Application No.264 of 2015 in Original Suit No.222 of 2013, passed by the Senior Civil Judge, Bhimavaram, whereunder and whereby Advocate Commissioner was appointed to record the cross-examination of PW.1 by the counsel for the petitioners herein at the residence of PW.1 at Visakhapatnam. 2.

The petitioners herein are the respondents 2 and 3 in the aforementioned Interlocutory Application. Advocate Commissioner was appointed to record the cross-examination of PW.1 at her residence at Visakhapatnam despite the objections raised by the learned counsel for the petitioners/respondents. However, during hearing both the counsel represented that PW.1 is no more. 3.

The order passed by the trial Court cannot be implemented at this stage in view of the death of PW.1, whose cross-examination is required to be recorded at her residence at Visakhapatnam. Thereby question of recording cross-examination of PW.1 at her residence at Visakhapatnam does not arise.

4.

Recording the said submission, the Civil Revision Petition is closed.

MSM,J CRP_2692_2015 Miscellaneous Petitions, if any, pending in this revision shall stand closed. There shall be no order as to costs. _________________________ M.SATYANARAYANA MURTHY,J Date:02.06.2017 INL