Partly allowed

Kolikapogu Chittibabu v. Kolikapogu Annapurna

Telangana HC7 Apr 2017CRP/3971/2016

Case brief

AI extract

What is this about?

The court allowed civil revisions challenging a Trial Court order reopening evidence and recalling a defendant witness. The High Court held the recollection unsustainable since the witness was examined by the same party to establish their vendor's gift deed, lacking independent interest.

What did the court decide?

Revisions allowed; impugned orders of the Trial Court reopening evidence and recalling D.W.3 set aside; miscellaneous petitions closed.

Kolikapogu Chittibabu Vs Kolikapogu Annapurna — Partition | Telangana HC (2017)

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HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN Civil Revision Petition Nos.3971 and 4139 of 2016

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Common Order:

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The 1^st plaintiff in a suit for partition and possession has come up with these revisions, challenging two orders passed by the Trial Court, reopening the evidence on the side of the defendants by one order and recalling D.W.3 for further examination by another order.

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Heard Mr. Sivalenka Ramachandra Prasad, learned counsel for the petitioner and Mr. Venkateswarlu Chakkilam, learned counsel appearing for the 1^st respondent.

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The petitioner herein, along with his brothers and sisters filed a suit for partition and possession. The 1^st defendant in the suit is the father of the plaintiffs. According to the plaintiffs, the 2^nd defendant in the suit had illicit intimacy with the 1^st defendant and got a property gifted by the 1^st defendant in her favour on 28-3-2003. Thereafter, the said property was alienated partly in favour of other defendants, one of whom was the 5^th defendant.

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In the course of trial, the 2^nd defendant was examined as D.W.1. The 5^th defendant who purchased portion of the property was examined as D.W.3.

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After trial was over, the 2^nd defendant came up with two applications, one for reopening the evidence on the side of the defendants and another for recalling D.W.3 to confront him with his attesting signature in the gift deed executed by

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the 1^st defendant in favour of the 2^nd defendant. Both these applications were allowed by the Trial Court forcing the 1^st plaintiff to come with the present revisions.

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Unfortunately, one important aspect has been omitted to be taken note of, by the Trial Court. The 5^th defendant who was examined as D.W.3, is an alienee from the 2^nd defendant. Both of them are on the same side, without any conflicting interest against each other. The 5^th defendant examined himself as D.W.3 to protect his own right. Therefore, he was cross-examined by the plaintiff. The 5^th defendant examined as D.W.3 did not come up with any application for reopen and recall on the ground that he had to establish the gift deed in favour of his vendor to sustain his purchase. Therefore, the 2^nd defendant cannot now seek to recall D.W.3.

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Suppose the applications are allowed, we do not know whether the 2^nd defendant would examine D.W.3 in chief or in cross. The confrontation of the 2^nd defendant by D.W.3 will not fall under either of the two categories. Therefore, the orders of the Court below are not sustainable. Hence, the revisions are allowed and the impugned orders are set aside. The miscellaneous petitions, if any, pending in these revisions shall stand closed. No costs.

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V.RAMASUBRAMANIAN, J.

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07^th April, 2017. Ak

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¶15

HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN

¶16

Civil Revision Petition Nos.3971 and 4139 of 2016 (Common Order)

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07^th April, 2017. (Ak)

Kolikapogu Chittibabu v. Kolikapogu Annapurna

Case brief

What is this about?

What did the court decide?

Kolikapogu Chittibabu v. Kolikapogu Annapurna

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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