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2010 Supreme(AP) 738

L.NARASIMHA REDDY
P. Vittal Reddy – Appellant
Versus
K. Sharath Babu – Respondent


Advocates Appeared:
for the appellant: Sri G. Anjappa
for respondents: Sri M. Vijayakumar Goud

ORDER:


1. These two revisions arise out of a common order passed by the Court of Additional Junior Civil Judge-cum-XVII Metropolitan Magistrate, Cyberabad, at Rajendranagar, in I.A.Nos.1264 and 1265 of 2009 in O.S.No.535 of 2008. Hence, they are disposed of through a common order.

2. The 1st respondent filed the suit for the relief of partition and separate possession of the suit schedule properties. Petitioner figured as defendant No.6. It appears that the suit is mainly contested by the petitioner herein.

3. The trial of the suit commenced, and the evidence on behalf of the 1st respondent was concluded. The petitioner filed an affidavit in lieu of chief-examination. However, on a date stipulated for his cross-examination, it appears that his advocate did not attend the Court. The trial Court treated that the chief-examination on his part is over, and subjected the petitioner herein for cross-examination, as DW-1. In the process, some of the documents, which were filed in the written-statement, were not marked through him. It appears some selective documents, filed along with the written-statement, were marked in ‘A’ series, at the instance of the counsel for the 1st responde











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