ANGOLE BHARATH BHUSHAN Vs. MIRZA YOUNUS BAIG

JUDGEMENT

(1.) Both these revisions are filed aggrieved by separate docket orders dated 22.03.2021 dismissing in I.A.No.32 of 2021 and I.A.No.33 of 2021 in O.S.No.220 of 2014 by the Senior Civil Judge, Nizamabad.

(2.) The case of the respondent/plaintiff is that he was falsely implicated in Cr.No.242 of 2010 registered for the offences under Sections 290, 324 and 506 IPC before the IV Town Police Station, Nizamabad. After investigation, charge sheet was filed and the case was numbered as C.C.No.25 of 2011 and tried before the I Additional Judicial First Class Magistrate, Nizamabad. The matter was transferred to the Special Mobile Court, Nizamabad and renumbered as CC.No.322 of 2012. After considering the oral and documentary evidence, the respondent/plaintiff was acquitted vide judgment dated 16/09/2013. The petitioner/defendant also indulged in acts of filing several false cases against the respondent/plaintiff. Hence, the respondent/plaintiff filed a suit in O.S.No.220 of 2014 before the Principal District Judge, Nizamabad, seeking damages of Rs.5,00,000/- for malicious prosecution. Written statement was filed by the petitioner/defendant No.1.

(3.) It is further submitted that I.A.No.32 of 2021 was filed by the petitioner/defendant for reopening the defendant side evidence to adduce further evidence, which was closed on 04.02.2021. I.A.No.33 of 2021 was filed to take on record the evidence of D.W.1 by setting aside the eschewal of evidence dated 11.03.2020 and allow to proceed with the case. Two separate docket orders were passed by the Court below dismissing both the applications on 22.03.2021.