HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.1300 of 2014 Date : 8-7-2014 Between :
Mainampati Narasimulu ..
Petitioner And Mainampati Bhumaiah and others ..
Respondents Counsel for petitioner : Sri Balaji Medamalli Counsel for respondents : --
The Court made the following :
ORDER:
This Civil Revision Petition is filed by the plaintiff in O.S.No.1275/2008 feeling aggrieved by the action of the lower court in not allowing him to mark document Nos.30 and 31 on the ground that they are unregistered partition deeds.
At the hearing, Sri Balaji Medamalli, learned Counsel for the petitioner, stated that the lower Court has unilaterally refused to mark the documents without hearing the Counsel for the petitioner/plaintiff.
A perusal of the deposition of PW-1 would support the submission of the learned Counsel. If the lower Court finds sustainable reasons for not marking the documents, it is bound to give an opportunity to both the parties to address it on the said aspect and pass a detailed order in support of its conclusion on the marking or otherwise of the documents. As the lower Court has failed to follow this procedure, it is directed to hear both the parties on the admissibility or otherwise of document Nos.30 and 31 and pass an order before proceeding further with the trial of the suit.
Subject to the above direction, the Civil Revision Petition is disposed of.
As a sequel to the disposal of the Civil Revision Petition, CRPMP No.1806 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 8-7-2014 AM