Disposed

Nallam Srinivas v. Gidda Satya Kumari

Andhra Pradesh HC14 Mar 2024CRP/103/2024

Case brief

AI extract

What is this about?

Revision against an interlocutory order directing a disputed document in a suit to be sent for expert opinion under Section 45 of the Evidence Act subject to conditions. The High Court heard both sides and disposed of the revision, leaving compliance issues to the trial court, with no costs.

What did the court decide?

Civil Revision Petition disposed of; trial court left free to examine compliance with its 15.11.2023 conditions on party applications; no costs.

Nallam Srinivas Vs Gidda Satya Kumari — Contract and Commercial Disputes | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH ;; AMARAVATI FRIDAY, THE FIFTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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present

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the honourable SRI JUSTICE B KRISHNA MOHAN

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CIVIL revision PETITinKf NOM03OF2q24

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Petition under Article 227 of the Constitution Order and decree dated of India, against the 15-11-2023, 2022 in O.S.No.79 Of 202? .. 725 of Bhimavaram Wesfr ? Civil Judge m, West Godavari District.

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between-

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Nallam Srinivas, S/o Simhachalam, Aged 40 years, Hindu, Male, D. No. 13-46/2 Nallamvari Street, Bhimavaram.

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...Petitioner/Plaintiff

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AND

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Gidda Satya Kumari, W/o. Mahesh, Hindu, Male D.No. 19-10-28/2 Properties, Aged 42 years. Bank Colony, Bhimavaram.

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jAjJP: 1 OF

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-Respondent/Defendant

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Petition under Section 151 CPC stated in the affidavit filed in praying that in the circumstances pleased to stay all further support Of the petition, the High court may he P-ceecl,ngslnthel.A.No.725of2022aswellasln

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the suit O.S.No.79 of 2022 on the file of Principal Junior Civil Judge, Bhimavaram. West Godavari District.

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Counsel for the Petitioner: SRI. KOTHA NAGA SURYA RAO

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Counsel for the Respondent: SRI. K.V.L. NARASIMHA RAO

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The Court made the following ORDER:

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APHC010002362024

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•I -j

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3233]

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FRIDAY ,THE FIFTEENTH DAY OF MARCH

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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CIVIL REVISION PETITION NO: 103/2024

Between:

Nallam Srinivas

...PETITIONER

AND

Gidda Satya Kumari

...RESPONDENT

Counsel for the Petitioner:

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KOTHA NAGA SURYA RAO

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Counsel for the Respondent:

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1.KVLNARASIMHA RAO

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The Court made the following Order:

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Heard the learned counsel for the petitioner and the^learned counsel for the respondent.

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This Revision is filed against the order passed in^LA.No.725of 2022 in O.S.No.79 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

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Evidence Act subject to the conditions as mentioned in the Para No.7 of the order of the Court below, which reads as under:

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^■ In the result, conditions: this petition is allowed on the following i. The petitioner/defendant shall conduct examination of the plaintiff, pri cross prior to sending the document for expert opinion. ii. The petitioner/defendant shall file his Standard, admitted, authenticated and contemporaneous si signatures pertaining to the year 2020 within 30 days from the date of this order.

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iii. The petitioner/defendant shall remit the requisite examination fee of expert along with said process along with the standard, admitted. authenticated contemporaneous si and the suit signatures to send the same along with promissoo- 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 the relief and it will be presumed that the petitioner/defendant has no interest to substantiate his this petition. contentions. except filing

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The learned counsel for the petitioner submits that the respondent/defendant has not complied with the conditions as mentioned in the order of the Court below.

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. 3

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On the other hand, the learned counsel appearing for the respondent submits and his instructions are that they have complied with the orders.

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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.

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Accordingly, this Civil Revision Petition is disposed of. There shall be no order as to costs.

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As a sequel. Miscellaneous Petitions pending, if any,^shallstand

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closed.

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SD/- P U V BHASKARA RAO ASSISTANT REGISTRAR

//TRUE COPY//

SEcfn^^FFICER

To,

The Principal Junior Civil Judge Bhimavaram, West^{GodavariDistrict,} (with records if any)

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One CC to Sri. Kotha Naga Surya Rao, Advocate [OPUC]

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One CC to Sri. K.V.L. Narasimha Rao, Advocate [OPUC]

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Three C.D Copies.

ssl sree

HIGH COURT

DATED:15/03/2024

ORDER

CRP.No.103 of 2024

DISPOSING OF THE C.R.P. WITHOUT COSTS

Nallam Srinivas v. Gidda Satya Kumari

Case brief

What is this about?

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Nallam Srinivas v. Gidda Satya Kumari

Case brief

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