VEMPATI VENKATESWAR RAO Vs. CHALLA VIJAYA AND ANOTHER

JUDGEMENT

(1.) The common order dated 02.02.2015 passed in I.A.Nos.252, 253 and 254 of 2014 in O.S.No.410 of 2014 is under challenge.

(2.) The said I.As., were filed by the petitioner seeking to reopen, recall PW.1 and receive and admit the certified copies of deposition of PW.1 and the judgment in C.C.No.387 of 2008 on the file of the Judicial Magistrate of First Class, Kodada. By common order dated, 02.02.2014, the said I. A., were dismissed.

(3.) The petitioner is the plaintiff and the suit is filed seeking specific performance of agreement of sale, dated 25.01.2003. The petitioner was examined and cross examined as PW.1 on 03.06.2011 and a memo was filed on 17.06.2011 reserving his right to adduce rebuttal evidence. On behalf of the defendants, defendant No.2 was examined as DW.4, who deposed before the Court that he filed a complaint in Crime No.70 of 2007 at Police Station Kodada Town and the same was registered as C.C.No.387 of 2008 on the file of the Judicial Magistrate of First Class, Kodada. The said C.C. pertains to the plaint schedule property. Copies of the complaint and charge sheet were marked as exhibits on behalf of DW.4. DW.4 gave his evidence in the said C.C. on 27.02.2013, 28.03.2013 and 28.06.2013, on which date the evidence on his behalf was closed. C.C.No.387 of 2008 was ended in acquittal on 05.11.2013. DW.4 was cross examined in O.S.128 of 2006 on 03.08.2012 and 14.09.2012. The examination and cross examination of DW.4 was completed by 14.09.2012, by which date his evidence was not recorded in C.C.No.387 of 2008, therefore, the plaintiff/petitioner could not bring on record the deposition of DW.4 and the order of acquittal dated 05.11.2013. In the process of giving evidence, DW.4 made certain admissions in C.C.No.387 of 2008 and the factum of dismissal of the C.C. itself is relevant for the purpose of adjudication of the suit. With those averments, the petitioner filed I.As., as referred to above.