Allowed

Popular Shoe Company v. Manda Subbaalli Tayaru

Andhra Pradesh HC13 Sept 2019CRP/2067/2019

Case brief

AI extract

What is this about?

The High Court allowed a civil revision petition challenging the dismissal of an application for a week's time to adduce evidence. The Court directed the trial court to permit the petitioners to commence proceedings on a specified date.

What did the court decide?

The Civil Revision Petition is allowed with a direction to the petitioners to commence evidence on 20.09.2019 and complete their side expeditiously.

Popular Shoe Company Vs Manda Subbaalli Tayaru — Execution and Attachment | Andhra Pradesh HC (2019)

¶1

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO CIVIL REVISION PETITION No.2067 OF 2019

¶2

ORDER :-

¶3

This Civil Revision Petition is directed against the order dated 26.06.2019 in I.A.No.424 of 2019 in O.S.No.550 of 2018 passed by learned III Additional Senior Civil Judge, Kakinada, East Godavari District, dismissing the petition filed by the petitioners/defendants under Sections 148, 151 of C.P.C seeking to grant one week time for adducing evidence on their behalf.

¶4

2. Heard learned counsel for petitioners and learned counsel for respondent.

¶5

3. During the course of hearing, learned counsel for petitioner, would fairly submit that if a week’s time is granted, the petitioners/defendants will commence their evidence without fail and on that ground he sought to allow the Civil Revision Petition.

¶6

4. As can be seen, the I.A.No.424 of 2019 was filed before the lower court by the defendants seeking one week time to adduce the evidence. The said petition was dismissed by the learned Judge holding that though the matter was posted as last chance, the defendants did not get ready. In the interest of justice and to give an opportunity to the petitioners/defendants to adduce their evidence to vindicate their defence, the Civil Revision Petition is allowed with a direction that the petitioners/defendants shall commence their evidence on 20.09.2019 by filing list of witnesses. The trial Court

¶7

2 UDPR, J C.R.P.No.2067 of 2019 Dt:13.09.2019

¶8

shall post the matter to 20.09.2019 and permit the

¶9

petitioners/defendants to adduce the evidence and complete the defendants’ side evidence expeditiously. No costs.

¶10

As a sequel, Interlocutory Applications pending if any, in this Civil Revision Petition shall stand closed.

¶11

_ ________________________ U. DURGA PRASAD RAO, J

¶12

13.09.2019 MS

¶13

Note: Communicate the copy of the order to Lower Court immediately.

¶14

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

¶15

CIVIL REVISION PETITION No.2067 OF 2019

¶16

Date. 13.09.2019

¶17

Popular Shoe Company v. Manda Subbaalli Tayaru

Case brief

What is this about?

What did the court decide?

Popular Shoe Company v. Manda Subbaalli Tayaru

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nanduri at Sidhantham Vijaya Vs State of Ap

Nalluri Ravinder Babu at Ravinder Vs State of Ap

Kalavakuru Penchalamma Vs the State of Andhra Pradesh

Chikkala Surya Venkateswara Rao Vs Vilavala Tulasirao

Allam Mallikarjun Vs the State of Andhra Pradesh

Bhaskar at Gajula Bhaskar Vs The State of Andhra Pradesh