IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.6290 OF 2009 Between:
Boya Narasaiah . PETITIONER AND Zinka Venkatavva and others ....RESPONDENTS The Court made the following:
THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.6290 OF 2009 ORDER:
This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 23.10.2009, in I.A.No.347 of 2009 in O.S.No.38 of 2006, on the file of the Senior Civil Judge, Siricilla, whereunder and whereby, the petition filed to receive an unregistered simple sale deed, dated 07.01.1990, and to mark the same, was dismissed.
2. None appears for the petitioner in spite of giving sufficient opportunity. Heard the learned counsel for the respondents.
3. As seen from the impugned order, the existence and execution of the document now sought to be received as evidence has not been taken in the written statement. Similarly, no evidence was let in with regard to the execution of the unregistered simple sale deed, dated 07.01.1990. For the first time, the petition is filed in the trial Court at the stage of arguments to receive and mark the document.
4. There cannot be any dispute that any amount of evidence without there being any pleading, is valueless. Since no plea has been taken in the written statement with regard to the existence of an unregistered simple sale deed, dated 07.01.1990, the trial Court rightly dismissed the same. Hence, the impugned order needs no interference by this Court.
5. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs.
K.C. BHANU, J June 25, 2010 Note: Issue C.C. in one week. B/O.MD