0  21 Sep, 2023
Listen in mins | Read in mins
EN
HI

K. J. Reddy (K. Janardhan Reddy), @ Konikanti Janardhan Reddy, And Another (In Crp No.1461 Of 2023) Vs. M. Bhaskar Reddy (In Crp No.1461 Of 2023)

  Andhra Pradesh High Court Civil Revision Petition No. 1461 Of 2023
Link copied!

Case Background

Bench

Applied Acts & Sections

No Acts & Articles mentioned in this case

Hello! How can I help you? 😊
Disclaimer: We do not store your data.
Document Text Version

* THE HON'BLE SRI JUSTICE B KRISHNA MOHAN

+ CIVIL REVISION PETITION Nos. 1461, 1462, 1463,

1512 and 1650 of 2023

% 21.09.2023

CRP No.1461 of 2023:

Between:

# K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Reddy, Aged

about 61 years, Hindu, B usiness,

H.No. 46-1, Joharapuram Road,

Kurnool and another.

….Petitioners

And

$ M. Bhaskar Reddy, S/o. Late M.

Ranga Reddy, Hindu, Aged about 59

years, Business, H.No. 81-27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

CRP No.1462 of 2023:

Between:

# K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Reddy, Aged

about 61 years, Hindu, Business,

H.No. 46-1, Joharapuram Road,

Kurnool and another.

….Petitioners

And

$ M. Bhaskar Reddy, S/o. Late M.

Ranga Reddy, Hindu, Aged about 59

years, Business, H.No. 81-27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

CRP No.1463 of 2023:

2

Between:

# K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Reddy, Aged

about 61 years, Hindu, Business,

H.No. 46-1, Joharapuram Road,

Kurnool and another.

….Petitioners

And

$ M. Bhaskar Reddy, S/o. Late M.

Ranga Reddy, Hindu, Aged about 59

years, Business, H.No. 81-27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

CRP No.1512 of 2023:

Between:

# K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Reddy, Aged

about 61 years, Hindu, Business,

H.No. 46-1, Joharapuram Road,

Kurnool and another.

….Petitioners

And

$ M. Bhaskar Reddy, S/o. Late M.

Ranga Reddy, Hindu, Aged about 59

years, Business, H.No. 81-27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

CRP No.1650 of 2023:

Between:

# K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Re ddy, Aged

about 61 years, Hindu, Business,

H.No. 46-1, Joharapuram Road,

Kurnool and another.

….Petitioners

And

3

$ M. Bhaskar Reddy, S/o. Late M.

Ranga Reddy, Hindu, Aged about 59

years, Business, H.No. 81-27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

! Counsel for the petitioner : Sri Vivekananda

Virupaksha.

^ Counsel for the respondent : Ms. M. Siva Jyothi.

<Gist:

>Head Note:

? Cases referred:

1

2012(5)ALD 243

1

(2020)10 SCC 706

1

2022 (3) Civil C (S.C)

1

(1994) 4 SCC 659

1

2018 2 ALD 470

1

2013 LawSuit (SC) 171

1

2011 LawSuit (SC) 271

4

HIGH COURT OF ANDHRA PRADESH

+ CIVIL REVISION PETITION Nos. 1461, 1462, 1463,

1512 and 1650 of 2023

CRP No.1461 of 2023:

Between:

# K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Reddy, Aged

about 61 years, Hindu, Business,

H.No. 46-1, Joharapuram Road,

Kurnool and another.

….Petitioners

And

$ M. Bhaskar Reddy, S/o. Late M.

Ranga Reddy, Hindu, Aged about 5 9

years, Business, H.No. 81-27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

CRP No.1462 of 2023:

Between:

# K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Reddy, Aged

about 61 years, Hindu, Business,

H.No. 46-1, Joharapuram Road ,

Kurnool and another.

….Petitioners

And

$ M. Bhaskar Reddy, S/o. Late M.

Ranga Reddy, Hindu, Aged about 59

years, Business, H.No. 81-27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

CRP No.1463 of 2023:

Between:

5

# K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Reddy, Aged

about 61 years, Hindu, Business,

H.No. 46-1, Joharapuram Road,

Kurnool and another.

….Petitioners

And

$ M. Bhaskar Reddy, S/o. Late M.

Ranga Reddy, Hindu, Aged about 59

years, Business, H.No. 81-27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

CRP No.1512 of 2023:

Between:

# K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Reddy, Aged

about 61 years, Hindu, Business,

H.No. 46-1, Joharapuram Road,

Kurnool and another.

….Petitioners

And

$ M. Bhaskar Reddy, S/o. Late M.

Ranga Reddy, Hindu, Aged about 59

years, Business, H.No. 81-27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

CRP No.1650 of 2023:

Between:

# K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Reddy, Aged

about 61 years, Hindu, Business,

H.No. 46-1, Joharapuram Road,

Kurnool and another.

….Petitioners

And

6

$ M. Bhaskar Reddy, S/o. Late M .

Ranga Reddy, Hindu, Aged about 59

years, Business, H.No. 81-27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

DATE OF ORDER PRONOUNCED: 21.09.2023.

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE B KRISHNA MOHAN

1. Whether Reporters of Local newspapers may

be allowed to see the Order? Yes/No

2. Whether the copies of order may be marked

to Law Reporters/Journals? Yes/No

3. Whether Your Lordships wish to see the fair

Copy of the Order? Yes/No

_______________________________

JUSTICE B KRISHNA MOHAN

7

IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATI

THE HON'BLE SRI JUSTICE B KRISHNA MOHAN

THURSDAY, THE 21

ST DAY OF SEPTEMBER , TWO

THOUSAND AND TWENTY THREE

CIVIL REVISION PETITION Nos. 1461, 1462, 1463, 1512

and 1650 of 2023

CRP No.1461 of 2023:

Between:

K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Reddy, Aged

about 61 years, Hindu, Business,

H.No. 46-1, Joharapuram Road,

Kurnool and another.

….Petitioners

And

M. Bhaskar Reddy, S/o. Late M. Ranga

Reddy, Hindu, Aged about 59 years,

Business, H.No. 81 -27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

CRP No.1462 of 2023:

Between:

K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Reddy, Aged

about 61 years, Hindu, Business,

H.No. 46-1, Joharapuram Road,

Kurnool and another.

….Petitioners

And

M. Bhaskar Reddy, S/o. Late M. Ranga

Reddy, Hindu, Aged about 59 years,

Business, H.No. 81 -27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

8

CRP No.1463 of 2023:

Between:

K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Reddy, Aged

about 61 years, Hindu, Business,

H.No. 46-1, Joharapuram Road,

Kurnool and another.

….Petitioners

And

M. Bhaskar Reddy, S/o. Late M. Ranga

Reddy, Hindu, Aged about 59 years,

Business, H.No. 81 -27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

CRP No.1512 of 2023:

Between:

K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Reddy, Aged

about 61 years, Hindu, Business,

H.No. 46-1, Joharapuram Road,

Kurnool and another.

….Petitioners

And

M. Bhaskar Reddy, S/o. Late M. Ranga

Reddy, Hindu, Aged about 59 years,

Business, H.No. 81 -27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

CRP No.1650 of 2023:

Between:

K. J. Reddy (K. Janardhan Reddy), @

Konikanti Janardhan Reddy, Aged

about 61 years, Hindu, Business,

H.No. 46-1, Joharapuram Road,

Kurnool and another.

….Petitioners

9

And

M. Bhaskar Reddy, S/o. Late M. Ranga

Reddy, Hindu, Aged about 59 years,

Business, H.No. 81 -27-5-1, Ram

Rahim Nagar, Kallur, Kurnool District.

….Respondent

COMMON ORDER:

Heard the learned counsel for the petitioners and the

learned counsel for the respondent.

2. These revisions are filed against the common order

passed in I.A.No. 138 of 2020, I.A.No. 140 of 2022 and

I.A.No. 143 of 2022 and docket orders in I.A Nos. 137 of 2022

and I.A.No. 141 of 2022 in O.S.No. 56 of 2017 on the file of VI

Additional District Judge, Kurnool dated 14.03.2023 in

rejecting to receive the documents mentioned in I.A.No. 138

of 2022 and recall PW1 for marking of those documents.

3. The learned counsel for the petitioners submits that the

petitioners are the petitioners in the above said I.As and

plaintiffs in the suit. The respondent is the respondent in the

I.As and the defendant in the suit. The suit is filed in O.S.No.

56 of 2017 on the file of VI Additional District Judge, Kurnool

by the petitioners against the respondent as defendant in the

said suit seeking declaration of title and grant of permanent

10

injunction with respect to the suit schedule property to an

extent of Ac. 3.95 cents in Sy.Nos. 414/3, 414/1A and

414/1B. In the plaint of the suit, it is stated that one Mr.

Chennaiah and E.C. Manohar also filed O.S.No. 19 of 2003

seeking injunction against the government when it tried to

interfere with the possession and enjoyment of the suit

schedule property therein and obtained interim injunction

during the pendency of the suit. Subsequently, the said suit

was decreed.

4. The learned counsel for the petitioners submits that

against the said suit the first appeal is pending before the

Hon’ble High Court. Now that the present suit is at the stage

of defendants’ evidence. The documents filed along with the

plaint were already marked as exhibits during the course of

plaintiffs’ evidence. However, the documents relating to

O.S.No. 19 of 2003 decreed by the Additional Senior Civil

Judge, Kurnool are not marked in the present suit which

may cause prejudice to the case of the petitioners/plaintiffs

in establishing their title for the said property. Hence the

petitioners filed the above said I.As before the trial court after

obtaining those documents as mentioned in the above said

11

I.A with leave application to recall PW1 for marking of those

documents. The trial court after considering those I.As on

merits rejected the same on the ground that the documents

which are sought to be filed by the petitioner are the certified

copies of the documents in O.S.No. 19 of 2003 which was

diposed off by the learned Additional Senior Civil Judge in

the month of November, 2006 itself. Therefore, it is very clear

that there was every possibility of getting certified copies of

documents in O.S.No. 19 of 2003 from the said court for

filing the same along with the plaint in the present suit but

no explanation was given by the petitioners/plaintiffs as to

why they could not be filed along with the plaint or atleast by

producing the same during the course of evidence of PW1.

Unless valid reasons are furnished for non filing of the

documents along with the plaint, the court canno t grant

leave in a routine manner to file the documents at a later

stage. The trial court further observed that the proposed

documents do not in any way help the petitioners in proving

their title over the suit schedule property. Moreover, there is

a direction from the Hon’ble High Court of Andhra Pradesh to

dispose of the suit within a reasonable time.

12

5. The learned counsel for the petitioners submits that in

the above said I.As, the petitioners submitted the reasons for

non production of those documents either at the stage of

filing of the suit or during the course of plaintiffs evidence as

they are not available with them and it took some time for

them to obtain the certified copies of the same.

6. On the other hand, the learned counsel appearing for

the respondent submits that the trial court rightly dismissed

the above said I.As since those documents do not in any way

be helpful to establish the title of the plaintiffs with respect to

the suit schedule property, as there is an abnormal delay in

securing those documents that too when the earlier suit was

diposed of in the month of November, 2006 itself and there is

a pending first appeal before this Hon’ble High Court. The

petitioners could have filed those documents along with the

plaint itself in the present suit since the present suit was

instituted in the year 2017. When the parties are not diligent

for production of the relevant documents, the court cannot

show any indulgence enabling the parties to fill up their

lacunae in the suit proceedings. Hence, she further

13

supported the common order passed by the trial court as

reasoned one and no interference is warranted at this stage.

7. In support of his claim, the learned counsel for the

petitioners relied upon the following decisions:

i. In the matter of Mr. Anjaneyulu vs. R. Subramanyam

Achary

1in CRP. No. 5683 of 2011 dated 05.03.2012,

the erstwhile High Court of Andhra Pradesh held that

even though the reason put forth by the petitioner for

the delay in filing the proposed documents is vague,

one of those documents being a registered sale deed, it

may certainly have a bearing on his defence in the suit.

Moreover, those documents were sought to be produced

before the commencement of the cross-examination of

the respondent/plaintiff. Therefore, the respondent will

certainly have an opportunity of explaining the nature

of those documents if they are put to him in the cross-

examination. Having regard to these circumstances, the

lower court ought to have permitted the petitioner to

produce the two documents in question.

1

2012(5)ALD 243

14

ii. In the matter of Sugandhi (Dead) by L.Rs and Ors. Vs.

P. Rajkumar

2 in Civil Appeal No. 3427 of 2020 dated

13.10.2020, the Hon’ble Apex Court observed that the

procedure is the handmaid of justice. Procedural and

technical hurdles shall not be allowed to come in the

way of the court while doing substantial justice. If the

procedural violation does not seriously cause prejudice

to the adversary party, courts must lean towards doing

substantial justice rather than relying upon procedural

and technical violation. We should not forget the fact

that litigation is nothing but a journey towards truth

which is the foundation of justice and the court is

required to take appropriate steps to thrash out the

underlying truth in every dispute. Therefore, the court

should take a lenient view when an application is made

for production of the documents under Sub -rule (3).

Coming to the present case, the defendants have filed

an application assigning cogent reasons for not

producing the documents along with the written

statement. They have stated that these documents were

2

(2020)10 SCC 706

15

missing and were only traced at a later stage. It cannot

be disputed that these documents are necessary for

arriving at a just decision in the suit. We are of the view

that the courts below ought to have granted leave to

produce these documents.

iii. In the matter of Levaku Pedda Reddamma and Ors.

Vs. Gottumukkala Venkata Subbamma and Ors.

3in

Civil Appeal No. 4096 of 2022 dated 17.05.2022, the

Hon’ble Apex Court observed that the trial court as well

as the High Court have gravely erred in law in not

permitting the defendants to produce documents, the

relevance of which can be examined by the trial court

on the basis of the evidence to be led, but to deprive a

party to the suit not to file documents even if there is

some delay will lead to denial of justice. It is well settled

that rules of procedure are hand-maid of justice and

therefore, even if there is some delay, the trial court

should have imposed some costs rather than to decline

the production of the documents itself. Consequently,

the appeal is allowed. The orders passed by the trial

3

2022 (3) Civil C (S.C)

16

court and the High Court are set aside. The appellants-

Defendants are permitted to file the documents and to

prove the same in accordance with law.

iv. In the matter of Billa Jagan Mohan Reddy and Ors.

Vs. Billa Sanjeeva Reddy and Ors.

4in Civil Appeal No.

2254 of 1994 dated 28.01.1994, the Hon’ble Apex Court

observed that it is clear from its bare reading that the

parties or their counsel shall be required to produce all

the documentary evidence in their possession of power

which they intend to rely on to establish their right

along with pleadings or before settlement of the issues.

The court is enjoined under Sub-rule (2) to receive such

documents provided they are accompanied by an

accurate list thereof prepared in the prescribed form. If

they are not in the party’s possession or custody, it

shall be filed by the party along with an application to

condone the delay in filing them. The explanation for

delay is not as rigorous as on e filed under Section 5 of

the Limitation Act. These documents were not in the

possession or custody of the appellant, but they have

4

(1994) 4 SCC 659

17

obtained certified from the revenue authorities and

sought to be produced. It is undoubted that there is a

delay in production of the said documents. But the trial

court had stated that the application was filed at the

stage of arguments, seeking to produce those

documents and sought to rely upon the documents. It

is settled law that, if the documents are found to be

relevant to decide the real issue in the controversy and

when the court felt that interest of justice requires that

the documents may be received, exercising the power

under Order 41, Rule 27 C.P.C. the appellate court

would receive the documents and consider their effect

thereof. When such is the position, when the

documents are sought to be produced in the trial court,

before the arguments are completed, normally they may

be received; an opportunity given to prove them and

rebuttal if any and their relevance and effect may have,

be considered in deciding the issues arose in the

controversy. Under these circumstances, the trial court

was not justified in refusing to condone the delay and

to receive the documents. The High Court also

18

committed the same error in not considering the effect

in this behalf in the right perspective. The orders are

accordingly set aside and the delay in filing the

documents is condoned. The trial court is directed to

receive the documents, give an opportunity to the

parties to prove the documents and if necessary,

opportunity to the respondent to rebut the same and

then dispose of the references according to law. The

appeal is accordingly allowed.

8. On the other hand, the learned counsel appearing for

the respondent relied upon the following decisions:

i. In the matter of Uppu Hymavathi Mahila Sangam;

Gandhinagaram, Anakapally, Visakhapatnam

District and Others Vs. Vidyaniketan Public School

5,

in C.R.P.No. 7152 of 2017 dated 22.12.2017, the

learned Single Judge observed that the reasons given by

the petitioners as referred to above do not satisfy the

twin requirements discussed above. Though a vague

averment was made in the affidavit that some of the

documents remained with the past executive members,

5

2018 2 ALD 470

19

it is not specifically pleaded that the so called bylaws

and the certificate proposed to be filed also formed part

of the said documents. It is not in dispute that both the

documents were in existence much prior to the filing of

the suit. The fact that they were not filed along with the

plaint despite their existence shows that the petitioners

were not diligent in filing relevant documents. Moreover,

the petitioners failed to explain the relevancy of the

proposed documents in determining the real

controversy in the suit. Having allowed the evidence to

be closed, the petitioners cannot be permitted to

wakeup at their leisure and seek to re -open the

evidence purportedly on the basis of the advice given by

their counsel.

ii. In the matter of Bagai Construction and Ors Vs.

Gupta Building Ma terial Store

6reported in 2013

LawSuit (SC) 171 dated 27.02.2013 it was observed by

the Hon’ble Apex Court that the perusal of the materials

placed by the plaintiff which are intended to be marked

as bills have already been mentioned by the plaintiff in

6

2013 LawSuit (SC) 171

20

its statement of account but the original bills have not

been placed on record by the plaintiff in its statement of

account but the original bills have not been placed on

record by the plaintiff till the date of filing of such

application. It is further seen that during the entire

trail, those documents have remained in exclusive

possession of the plaintiff but for the reasons known to

it, still the plaintiff has not placed these bills on record.

In such circumstance, as rightly observed by the trial

court at this belated stage and that too after the

conclusion of the evidence and final arguments and

after reserving the matter for pronouncement of

judgment, we are of the view that the plaintiff cannot be

permitted to file such applications to fill the lacunae in

its pleadings and evidence led by him.

iii. In the matter of K. K. Velusamy Vs. N. Palanisamy

7dated 30.03.2011 reported in 2011 LawSuit (SC) 271,

Hon’ble Supreme Court of India held that whether the

application is found to be bonafied and where the

additional evidence, oral or documentary, will assist the

7

2011 LawSuit (SC) 271

21

court to clarify the evidence on the issues and will

assist in rendering justice, and the court to clarify the

evidence on the issues and will assist in rendering

justice, and the court is satisfied that non-production

earlier was for valid and sufficient reasons, the court

may exercise its discretion to recall the witnesses or

permit the fresh evidence. But if it does so, it should

ensure that the process does not become a protracting

tactic. The court should firstly award appropriate costs

to the other party to compensate for the delay. Secondly

the court should take up and complete the case within

a fixed time schedule so that the delay is avoided.

Thirdly if the application is found to be mischievous, or

frivolous, or to cover up negligence or lacunae, it should

be rejected with heavy costs. If the application is

allowed and the evidence is permitted and ultimately

the court finds that evidence was not genuine or

relevant and did not warrant the reopening of the case

recalling the witnesses, it can be made a ground for

awarding exemplary costs apart from ordering

prosecution if it involves fabrication of evidence. If the

22

party had an opportunity to produce such evidence

earlier but did not do so or if the evidence already led is

clear and unambiguous, or if it comes to the conclusion

that the object of the application is merely to protract

the proceedings, the court should reject the application.

If the evidence sought to be produced is an electronic

record, the court may also listen to the recording before

granting or rejecting the application.

9. In reply, the learned counsel for the petitioners also

relied upon another decision of this Court in C.R.P. No. 7503

of 2018 dated 07.04.2022 in the matter of Korlepara Kasi

Viswanadham vs. Korlepara Ramachandra Rao , wherein it

was held that since the defendant sought to file documents

after obtaining their certified copies from the Rent Control

Court, where their originals are filed and a specific defence is

taken in this regard and their reference was also made in the

written statement, there is no illegality or irregularity

committed by the trial court in allowing the petition filed by

the defendant seeking leave to receive those documents. As

rightly observed by the trial court, it is open for the revision

petitioner/plaintiff to take appropriate objections when these

23

documents are tendered in evidence. As such, this court

finds that there is no merit in the revision petition.

10. In view of the above said facts and circumstances, the

rival submissions made and upon consideration of the above

said decisions, it is to be seen that the documents sought to

be marked are with reference to the grant of injunction in

favour of the petitioners’ vendors with reference to the

subject property. Admittedly, the petitioners are not the

parties to the said suit in O.S.No. 19 of 2003 on the file of

Additional Senior Civil Judge, Kurnool. Now that the 1

st

appeal is pending against the judgment and decree of the

said suit. The present suit is at the stage of examination of

defendants’ evidence. The plaint averments show about the

earlier proceedings instituted by the petitioners’ vendors in

the above said suit against the government. But it is true

that these documents were not filed along with the plaint

though there is an averment in the plaint. The plaintiff got

marked the documents which were shown in the list of

documents along with the plaint. Since, it is a declaration of

title for the plaint schedule property, the petitioner thought it

fit to produce these documents additionally in relation to the

24

subject property for which he filed the above said I.As and in

filing of the same, the delay was tried to be explained saying

that it took some time for securing those documents as

certified copies. No prejudice would cause, if these

documents are marked at this stage in the suit as the

adversary will have an opportunity to cross -examine the

same and rebut those documents. The judgments of the

Hon’ble Apex Court as referred above also show a lenient

view in the matter of marking of documents. As the suit on

hand is pending at the stage of adducing of evidence during

the course of trial, the trial court ought to have allowed

atleast I.A Nos. 138 of 2022 and 143 of 2022 only to receive

the certified copies of the documents in O.S.No. 19 of 2003

on the file of Additional Senior Civil Judge, Kurnool and

recall PW1 for marking of those documents to meet the ends

of justice, if necessary by imposing necessary costs payable

to the other side. As the above said I.As are dismissed by the

trial court erroneously, the same are herewith set aside to

meet the ends of justice by directing the petitioners to pay

costs of Rs. 5,000/- to the other side before the trial court

within a period of two (2) weeks from the date of receipt of

25

this order. The trial court shall allow those documents of

certified copies as contended in I.A. No. 138 of 2022 and

recalling of PW1 to mark those documents and cross -

examination thereon. After such reopening, t he

respondent/defendant shall be given an opportunity to cross-

examine the PW1 and contradict those documents in

accordance with law. Accordingly, the trial shall be proceeded

with accordance with law. However, it is made clear that as

the suit is of the year 2017, the trial court is directed to

dispose of the suit as expeditiously as possible on it’s own

merits as per law preferably within a period of six (6) months

from the date of receipt of this order for which both the

parties shall co-operate for early disposal of the suit.

11. Accordingly, the C.R.P. Nos. 1461, 1463 and 1650 of

2023 are disposed off and the C.R.P.Nos. 1512 and 1462 of

2023 are dismissed. There shall be no order as to costs.

Interim order if any, deemed to have been vacated.

As a sequel, Miscellaneous Petitions pending, if any,

shall stand closed.

_______________________________

JUSTICE B KRISHNA MOHAN

21.09.2023

Note: L.R. copy to be marked

B/o: UPS

Reference cases

Description

Legal Notes

Add a Note....