K YESHWANTH RAO Vs. T JAYASIMHA REDDY

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order of the learned I-Additional Senior Civil Judge, Warangal, dated 26-4-2007 thereby rejecting the request of the Revision petitioner/1st defendant in O.S.No.262 of 1996 to declare D.W.7 as hostile.

(2.) The facts, in brief, are as under : The plaintiff/1st respondent herein filed O.S.No.262 of 1996 on the file of the Court of I-Additional Senior Civil Judge, Warangal, for eviction and recovery of vacant possession of Plaint B-Schedule Property and for permanent injunction restraining the 1st defendant/Revision petitioner from interfering with the plaintiff's possession and enjoyment of Plaint A-Schedule Property and for other reliefs. The suit claim was based upon a Registered Sale Deed, dated 16-1-1995, executed by the defendants 2 and 3. The 1st defendant/Revision Petitioner filed written statement claiming title to the Suit Schedule Property under a Registered Will, dated 24-1-1976 executed by his father and contending that the defendants 2 and 3 have no manner of right to alienate the Plaint B-Schedule Property which is a part and parcel of Plaint A- Schedule Property.

(3.) During the trial, the 1st defendant got himself examined as D.W.2. On an application made by him one N. Balakrishna Rao, the attesting witness of the Will, dated 24-1-1976, was summoned to give evidence as D.W.7. He was partly examined in chief on 26-4-2007 and when he was recalled on 27-4-2007 for further chief-examination, the counsel for the defendant No.1 requested the Court to declare him as hostile. After hearing both the parties, the Court below, by order, dated 26-6-2007, declined to declare D.W.7 as hostile. The said order is under challenge in this Civil Revision Petition.