SYED RESHMA Vs. NEMANA GURUNADHA SUBRAMANYAM

JUDGEMENT

(1.) By this civil revision petition under Article 227 of the Constitution of India, the petitioner-defendant has prayed for setting aside the order dtd. 31/12/2024 in I.A.No. 483 of 2024 in O.S.No. 24 of 2019 on the file of the Court of learned IV Additional District Judge, Tirupati (for short, 'the trial Court').

(2.) Respondent Nos. 1 and 2 herein, who are plaintiffs, filed a suit in O.S.No. 24 of 2019 before the trial Court against the petitioner herein, who is defendant, seeking to declare that they are the absolute owners of plaint schedule property and to direct the petitioner-defendant to vacate plaint schedule property and handover possession of the same and for other reliefs. The petitioner-defendant is contesting the suit by filing a written statement. In the aforesaid proceeding, based on the pleadings, the trial Court framed issues and examined respondent No. 1 herein-plaintiff No. 1 as P.W.1 on 2/9/2024 and the crossexamination of P.W.1 has been deferred. Subsequently, the suit is being adjourned from time to time for cross-examination of P.W.1. While the suit stands thus, respondent Nos. 1 and 2-plaintiff Nos. 1 and 2 filed I.A.No. 483 of 2024 under Order XXVI Rule 4 read with Sec. 151 of the Code of Civil Procedure (for short, 'C.P.C.') seeking to appoint advocate commissioner for the purpose of recording evidence of P.W.1 in Court premises at Tirupati or at any suitable place as ordered by the trial Court. The petitioner-defendant filed counter affidavit inter alia contending that taking advantage of his medical condition, respondent No. 1 is avoiding his cross-examination in open Court. The trial Court allowed the above said interlocutory application by the order under revision.

(3.) Heard Sri K.Chetan, learned counsel appearing for the petitionerdefendant, and Sri T.V.Jaggi Reddy, learned counsel appearing for the caveators-respondent Nos. 1 and 2-plaintiff Nos. 1 and 2.