Mittapally Narsimha Reddy v. Narla Narayana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA ctvtL REVISION PETITION NO: 3539 AD 3553 oF 2023 crvlL REVISION PETITION NO: 3539 OF 2023 Petition under Article 227 of the constitution of lndia aggrieved by the order dated 3o-1o-2o23 in l.A.No. 556 of 2023 in o.S.No. 140 ol 2018 passed by the Principal Senior Civil Judge, at Karimangar Between:
- Mittaoallv Narsimha Reddv, S/o Late Malla Reddy, aged 60 years,. Q9' Agiicultdre, R/o Galipally Viilage of Ellanthakunta Mandal, Karimnagar ulslncl ...PETITIONER/PETTTIONER/PLAI NTI FF AND Narla Naravana, S/o Bheemaiah, Aged 45 years, Occ' Business, R/o H'No' 56-145t 1, Miruthinagar, Karimnagar District. ...RESPONDENT'RESPONDENT'DEFENDANT clvl tsr NO:35 oF20 Petition under Article 227 ot lhe constitution of lndia aggrieved by the orderdated go-1o-2029 in 1.A.No.555 of 2023 in o.s.No.140 of 2018 passed by the Principal Senior Civil Judge, at Karimangar Between:
Mittaoallv Narsimha Reddv, S/o Late Malla Reddy, qged .60 yeaq. 999' Rgriculture, R/o Galipally Village of Ellanthakunta Mandal, Kanmnagar ulsrlct ...PETITIONER'PETITIONER'PLAI NTIFF AND
Narla Narayana, S/o Bheemaiah, Aged 45 years, Occ. Business, R:/o H. No. 55-145/1, Maruthinagar, Karimnagar District.
...RESPONDENT/RESPONDENT'OEFENDANT Counsel for the Petitioner: SRl. RAMACHANDAR RAO VEMUGANTI Counsel for the Respondent:
The Court made the following: COMMON ORDER l
THE HONOURABLE SMTJUSTICE P. SREE SUDHA CIVIT REVISION PETITION NOS. 3539 AND 3553 OF 2023 co MON O ER:
These two civil revisions are filed against the common order of the learned Principal Senior Civil Judge, Karimnagar dated 30.10.2023 passed in I.A.No.555 of 2023. 2.
Revision petitioner/plaintiff filed O.S.No.140 of 201g for recovery of Rs.2,72,000/- along with Rs.1,95,125l_, interest @ 24o/o per annum from 13.0g.2015 to 09.0g.201g amounting to Rs.4,67,7251- with future interest. After closure of evidence ob -both sides, the plaintiff filed applications in I.A.Nos.555 and 556 of 2023 requesting the Court to re-open the suit and to send Ex.B.l to the handwriting expert on the ground that it is a forged document. The suit is filed in the year 201g and applications were filed at a belated stage when the matter was posted for argumenb, as such the trial Court did not consirJer the application and dismissed the same. Aggnieved the said common order, these ievisions are preferred. l-te nrainly contended that D.W.1 was cross.examined on 01.03.2023 and the defendant,s evidence was closed. Subsequently, due to reopening of the case, as per the orders in I.A.No.250 of 2023,, D.W.2 chief-
examination affidavit was filed on 2L.04.2023 and was cross examined on 30.08.2023 and the case was posted for arguments on 12.09.2023 and again on 25.09.2023 I.A.No.555 of 2023 was filed by the plaintiff along with i.A.No.556 of 2023 requesting the trial Couft to reopen the case and to send the disputed document Ex.B.l for getting expert opinion. Admittedly, the suit was filed by the plaintiff for recovery of amount and it is for him to substantiate his version. He mainly contended that Ex.B.l is a forged document when he took the plea of forgery it is for him to prove the same. No doubt, the applications were filed at a belated point of time, but the revision petitioner herein contended that D.W.2 was examined as per the orders of I.As and aggrieved by the said evidence and filed these applications. Therefore, this Court fiMs it reasonable to set aside the common order of the trial Court.
3.
In the result, both the civil revision petitioners are allowed and the trial Court'rs directed to obtain the admitted signatures of the revision petitioner/plaintiff and send along with Ex.B.1 to the hand writing expeft for his opinion on the signatures appearing
J on Ex.B.l within ten (10) days from the date of receipt of copy of this order. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
sd/-v.KAvlrHA ASSISTANT REGIS R \ /,TRUE COPY"
SECTION OFFICER To, '1. The Principal Senior Civil Judge, at Karimangar
2. One CC to SRl. RAMACHANDAR RAO VEMUGANTI Advocate IOPUCI
3. Twb CD Copies VH\
,I HIGH COURT ;- DATED: 2911212023 14:
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ORDER
CRP.No.3539 of 2023 AND CRP.No.3553 of 2023 ALLOWING THE CRP'S sVr