A.P. BHAKATHAVASTHALAM Vs. JABBALA CHANDRAMMA

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the docket order, dtd. 24/1/2023, passed in IA No.19 of 2023 in OS No.28 of 2016 by the learned Additional Junior Civil Judge, Puttur.

(2.) Respondent herein filed the aforesaid suit seeking permanent injunction restraining the defendant, his men, agents, assignees, servants or anybody claiming under them from in any way interfering with the peaceful possession and enjoyment of the plaintiff in respect of the plaint schedule mentioned property. After filing of written statement by petitioner/defendant, trial began in the suit. P.W.1 was examined. When affidavit in lieu of examination-in-chief of P.W.2 is filed, counsel for petitioner/defendant endorsed on the same that the said witness, who is son of P.W.1, was sitting in the Court hall during the cross-examination of P.W.1 and observed all material cross-examination done by the counsel for the defendant, and hence, his chief affidavit is to fill up lacunae and requested to reject the chief affidavit of P.W.2. Thereupon, the petitioner/defendant filed IA No.19 of 2023 has praying to reject the chief affidavit of PW2, by stating the aforesaid facts. It is stated by the learned counsel for the petitioner/defendant that instead of addressing the grievances of the petitioner herein, the learned Judge appointed an Advocate Commissioner to record the evidence of plaintiff and defendant and to mark documents. By the impugned docket order dtd. 24/1/2023, the learned Judge directed to lodge the said petition in the records holding that the above objections, if any, shall be decided at the stage of arguments in main suit, as the aforesaid suit is a pre-2018 suit which shall be disposed of by 30/4/2023 in view of the Circular of the High Court dtd. 23/11/2022.

(3.) Heard both the counsel. Perused the record.