SYED HASHIM HUSSAINI Vs. SYED FIDA C FATHIMA

JUDGEMENT

(1.) Heard Sri Ashfak Ahmed, the counsel for the revision petitioner and Sri Mirza Imamulla Beig, representing respondents 1 to 5

(2.) The revision petitioner, aggrieved by the order dated 11-07-2003 made in I.A. No 988 of 2003 m O S No 903 of 1998 on the file of V Senior Civil Judge, City Civil Court, Hyderabad, had preferred the present Civil Revision Petition under Article 227 of the Constitution of India

(3.) Respondents 1 to 5 herein filed O S No 903 of 1998 on the file of V Senior Civil Judge, City Civil Court, Hyderabad praying for the relief of partition It is stated that the respondent No 1 filed her deposition-cum-affidavit and the matter was posted for cross-examination to be recorded by the Advocate-Commissioner who was appointed by the learned Judge suo motu The Advocate-Commissioner could not record the cross-examination of P W. 1 for the reason that the plaintiff in the suit, respondent No 1 herein objected to come to the court for recording the cross-examination and insisted the Advocate-Commissioner to record the cross-examination at her residence It is also stated that the respondent No 1 had dragged the recording of cross-examination within the court premises and filed IA No 988 of 2003 seeking directions to the Advocate-Commissioner to record her evidence at her residence It is further stated that the learned Judge, without considering the objections taken by the revision petitioner, had passed an order thus "Heard Petition allowed"