LAWS(APH)-2016-8-88

VOODIKALA LAXMANA RAO Vs. PADMANABHAM SURI BABU

Decided On August 26, 2016
Voodikala Laxmana Rao Appellant
V/S
Padmanabham Suri Babu Respondents

JUDGEMENT

(1.) The Civil Revision Petitions are filed against the orders dated 11.12.2015, 11.12.2015, 07.12.2015, 04.12.2015 passed in I.A. Nos. 1295, 1296, 1294 and 1297 of 2015 respectively in O.S. No. 94 of 2006 on the file of IV Additional District Judge, Visakhapatnam.

(2.) Heard learned counsel for the revision petitioner/plaintiff in O.S. No. 94 of 2006 and learned counsel for the respondents. Perused the material on record.

(3.) The suit O.S. No.94 of 2006 was filed by Voodikala Laxmana Rao, for declaration and other reliefs in respect of the property in dispute and the defendants 1 to 6 are the rival contestants mainly in setting up independent claim over the property. Leave about the contest of defendants 7 to 11 that the same is not a private property for alienation but for of Kota Narasimhaswami's property, which is an endowment and in the factual scenario, the trial went on and on 07.08.2015, which is after the evidence of the plaintiff and defendants 1 to 6 completed, while evidence of defendants 7 to 11 was in progress, there was closure of the evidence for defendants 7 to 11 did not adduce any further evidence in closing the evidence, practically for argument. On that, the four applications i.e., I.A. Nos. 1294, 1295, 1296 and 1297 of 2015 were maintained by the defendants 1 to 6, of which (1) to grant leave for filing the documents, (2) reopen the suit for the purpose of marking the documents (3) to recall the DW.5 for further cross examination on behalf of defendants 1 to 6 with regard to the evidence in relation to the conflict between the interests of the defendants inter se (4) re-open the case for the purpose of recalling the PW.1 for purpose of marking the documents.