MANGALA PAGADALA SUBBAMMA Vs. M NARAYANAPPA

JUDGEMENT

(1.) This Civil Revision Petition arises out of order dated 23-6-2011 of the learned Junior Civil Judge, Dharmavaram whereby he has allowed the Memo filed by the respondent, who is the plaintiff in O.S. No. 73/2008, to close the evidence on his side reserving his right to let in further evidence after the petitioner-defendant completing his evidence.

(2.) I have heard Sri N. Aswarthanarayana, learned counsel for the petitioner and perused the record.

(3.) The respondent filed the above mentioned suit for declaration of his title to the suit property against the petitioner. After adducing evidence on his side, the respondent filed the above mentioned Memo with a request to the Court below to close the evidence on his side with liberty to him to lead further evidence after completion of the rebuttal evidence of the petitioner. The learned counsel appearing for the petitioner before the Court below has taken notice of the said Memo on 9-6-2010, but no counter-affidavit was filed opposing the same. The Court below, by the order under revision, allowed the said Memo filed by the respondent. The petitioner filed the present Civil Revision Petition assailing the said order.