Civil revision challenging a trial court order allowing the defendant's petition to send a promissory note for expert opinion subject to conditions. The High Court noted compliance disputes and left the matter to the trial court, disposing of the revision without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY ,THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
CIVIL REVISION PETITION NO: 100 OF 2074
Petition under Article 227 of the Constitution of India, against the Order and decree dated 15-11-2023, passed in the Petition lA. No. 724 of 2022 in O.S. No. 88 of 2022 on the file of the Principal Junior Civil Judge Bhimavaram, West Godavari District
Between:
Mamidisetti Prabhu Srinivas Anil Kumar, S/o Late Satyanarayana, Aged 36 years. Business, D.No. 10-1-49/2, Kurmayya Peta, Near St. Marys School, Bhimavaram.
...PETITIONER/PLAINTIFF
AND
Gidda Satya Kumari, W/o. Mahesh, Hindu, Male, Properties, Aged 42 years, D.No. 19-10-28/2, Bank Colony, Bhimavaram.
...RESPONDENT/DEFENDANT
lA NO: 1 OF 2n?4
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in the I.A.No.724 of 2022 as well as
in the suit OS.No.88 of 2022 on the file of the Principal Junior Civil Judge, Bhimavaram, West Godavari District.
Counsel for the Petitioner: SRI. KOTHA NAGA SURYA RAO
Counsel for the Respondent: SRI K V L NARASIMHA RAO
The Court made the following ORDER:
APHC010002192024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
[3233]
(Special Original Jurisdiction)
FRIDAY THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
CIVIL REVISION PETITION NO: 100/2024
Between:
Mamidisetti Prabhu Srinivas Anil Kumar
...PETITIONER
AND
Gidda Satya Kumari
...RESPONDENT
Counsel for the Petitioner:
Counsel for the Respondent:
1.KVLNARASIMHARAO
The Court made the following Order:
Heard the learned counsel for the petitioner and the learned
counsel for the respondent.
- This Revision is filed against the order passed inl.A.No.724of 2022 in O.S.No.88 of 2022 on the file of Principal Junior Civil Judge, Bhimavaram, West Godavari District in allowing the petition to send the document for expert opinion under Section 45 of the Indian
2
Evidence Act subject to the conditions as mentioned in the Para No.7 of the order of the Court below, which reads as under:
i. The petitioner/defendant shall conduct cross examination of the plaintiff, prior to sending the document for expert opinion.
ii. The petitioner/defendant shall file his standard, admitted, authenticated and contemporaneous signatures pertaining to the year 2020 within 30 days from the date of this order.
hi. The petitioner/defendant shall remit the requisite examination fee of expert along with process alongwiththe said standard. admitted. authenticated and contemporaneous signatures to send the same along with the suit promissory note to seek the opinion of the expert.
IV. Failure to comply any of the conditions within the time prescribed would entitles the petitioner to forgo therelief and it will be presumed that the petitioner/defendant has no interest to substantiate his contentions, except filing this petition.
3
- On the other hand, the learned counsel appearing for the respondent submits and his instructions are that they have complied with the orders.
- Anyhow, it is open for the trial Court to proceed in accordance with law in respect of the conditions implemented or violated by the parties or not pursuant to the orders of the trial Court dated 15.11.2023, for which an appropriate application may be filed by both the parties concerned.
- Accordingly, this Civil Revision Petition is disposed of. There shall be no order as to costs.
As a sequel. Miscellaneous Petitions pending, if any, shall stand
closed.
Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY//
SECTION OFFICER
To,
4.The Section Officer, V.R Section, High Court of Andhra Pradesh.
HIGH COURT
DATED:15/03/2024
ORDER
CRP.No.100 of 2024
DISPOSING OF THE CRIMINAL PETITION WITHOUT COSTS
1 issue framed by the court
Whether the trial court's conditional order permitting expert opinion on a document under Section 45 Evidence Act required interference under Article 227.
2 provisions across 2 enactments
Mamidisetti Prabhu Srinivas Anil Kumar
Gidda Satya Kumari
B Krishna Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
