SIRIKONDA MADHAVA RAO Vs. N. HEMALATHA
LAWS(TLNG)-2022-4-110
HIGH COURT OF TELANGANA
Decided on April 12,2022

Sirikonda Madhava Rao Appellant
VERSUS
N. Hemalatha Respondents




JUDGEMENT

- (1.)This Civil Revision Petition is filed by the plaintiff under Article 227 of the Constitution of India, assailing the order dtd. 29/4/2021 in I.A. No.219 of 2021 in OS No.23 of 2003 on the file of the Principal Senior Civil Judge, Warangal.
(2.)This application in IA No.219 of 2021 was filed by the defendants 1 & 2 under Sec. 151 of the Civil Procedure Code, 1908 (for short 'CPC') to de-exhibit the document marked as Ex.A.1-unregistered sale deed, dtd. 14/4/1993. The trial Court has allowed the said application and de-exhibited Ex.A.1 subject to payment of costs of Rs.10,000.00 payable by the defendants 1 & 2 to the plaintiff, within a week from the date of the order.
(3.)Feeling aggrieved by the said order, the plaintiff has filed this civil revision petition alleging that the application filed u/s.151 of CPC is not maintainable, but the trial Court has failed to consider the same, the defendants 1 & 2 ought to have filed an application under Order-13 Rule-3 of CPC. The defendants 1 & 2 have not raised any such objection in the cross-examination of PW.1 or in the written statement about the genuineness of Ex.A.1 and that they have also filed IA No.176 of 2019 to send the said document to the expert at Nasik Printing Press, but the same was dismissed. Aggrieved by the same, the defendants have filed CRP No.216 of 2020 it was also dismissed confirming the orders of the trial Court. The Ex.A.1 was executed by the General Power of Attorney holder of the pattadars and in view of the death of vendors of the petitioner, the GPA is ceased and if the Ex.A.1 is deexhibited, nothing remains in the suit and requested to set aside the impugned orders.


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