Revision petition challenging a trial court order permitting expert opinion on a document with conditions. Noting compliance disputes between the parties, the court left it open to the trial court to proceed in accordance with law and disposed of the revision without costs.
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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: 104 OF 2024
Petition under Article 227 of the Constitution of India aggrieved by the Order dated 15-11-2023 in I.A. No. 723 of 2022 in O.S. No. 70 of 2022 on the file of the Principal Junior Civil Judge(Junior Division), Bhimavaram, West Godavari District.
Between;
Veera Harinadha Babu, S/o Rama Surya Chandra Rao, Aged 39 years, D.No. 15-18-6, Gunupudi, Bhimavaram
...PETITIONER/PLAINTIFF
AND
Gidda Mahesh, S/o Apparao, Hindu, Male, Properties, Aged 42 years D.No. 19-10-28/2, Bank Colony, Bhimavaram.
...RESPONDENT/DEFENDANT
lA NO; 1 OF 2024
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.723 of 2022 as well as in the suit OS.No.70 of 2022 on the file of Principal Junior Civil Judge,
I':
Bhimavaram. West Godavari District during the pendency of the above Civil revision Petition.
Counsel for the Petitioner; SRI. KOTHA NAGA SURYA RAO
Counsel for the Respondents: SRI K V L NARASIMHA RAO
The Court made the following: ORDER
APHC010002272024
IN THE HIGH COURT OF ANDHRA PRADESH
HiiiS
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: 104/2024
Between:
Veera Harinadha Babu ...PETITIONER
AND
Gidda Mahesh ...RESPONDENT
Counsel for the Petitioner:
Counsel for the Respondent:
1.K V L NARASIMHA RAO
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 in LA.No.723 of 2022 in O.S.No.70 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 thedocument 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 thedateof this order.
iii. 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 forgotherelief 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.
As a sequel. Miscellaneous Petitions pending, if any, shall stand closed.
SD/-B PRASADA RAO ASSISTANT REGISTRAR
//TRUE COPY//
SECmON OFFICER
To,
vna
HIGH COURT DATED:15/03/2024
ORDER
CRP.No.104 of 2024
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Current Section
?espATCV!«S^
DISPOSING OF THE CRP WITHOUT COSTS
1 issue framed by the court
Whether the revision challenged the trial court's order sending a document for expert opinion under Section 45 of the Evidence Act with conditions, given alleged non-compliance.
2 provisions across 2 enactments
Veera Harinadha Babu
Gidda Mahesh
B Krishna Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
