SALMA Vs. ASMA AFROZE

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order, dated 02-12-2009, in I.A.No.1137 of 2008 in O.S.No.135 of 2004 on the file of the learned Senior Civil Judge, Mahabubnagar, whereby the Court below refused to de-exhibit Ex.A4-agreement of sale, marked in the year, 2003, at the instance of the plaintiff.

(2.) The brief facts are that the respondents filed the said suit for specific performance of agreement of sale and for consequent injunction. Petitioners, who are the respondents in the said suit, contested the suit and filed a written statement. During the course of trial, as there was no dispute with regard to the execution of the agreement of sale in the month of March, 2003, for which both the parties herein are parties, respondents herein filed I.A.No.163 of 2008 and the said application was allowed by the Court below and the said agreement of sale, executed in the month of March, 2003 was summoned from O.S.No.101 of 2003 on the file of the learned Senior Civil Judge, Mahabubnagar. Thereafter, when the plaintiffs were examined, the said document was filed and the Court below marked it as Ex.A4. Subsequently, the present application i.e. I.A.No.1137 of 2008 has been filed stating that the said document should not have been marked as Ex.A4 for the reason that it is not the document exhibited by the plaintiffs i.e. the respondents herein and it shall be treated as a court document for all purposes and hence it should have been marked as Ex.X4 but not as Ex.A4 and thus prayed the Court below to de-exhibit Ex.A4-agreement of sale, as stated supra, but the said application was dismissed.

(3.) Heard both sides. Perused the records.