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2017 Supreme(AP) 696

C.V.NAGARJUNA REDDY
Gollu Satyavathi W/o. late Gollu Surya Rao – Appellant
Versus
Kilaparthi Apparao, S/o. Simhachalam – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kuriti Bhaskar Rao

ORDER :

C.V. NAGARJUNA REDDY, J.

This civil revision petition is filed against order dated 10.10.2017 in I.A.No.1940 of 2017 in O.S.No.361 of 2011 on the file of the Principal District Judge, Visakhapatnam. The aforementioned suit was originally filed by one Gollu Surya Rao, husband of petitioner No.1 and father of petitioners No.2 to 5, for declaration of title and recovery of possession of the suit schedule property. Before the death of the original plaintiff, he examined himself as PW-1. After closing his side evidence, the evidence on the defence side was commenced. After DW-1’s evidence was closed, on the application filed by the original plaintiff, the former was recalled and further cross examined. On 23.02.2017, the original plaintiff has died. The petitioners were brought on record as legal representatives of the deceased plaintiff in June, 2017. When the case was coming up for arguments after closing of trial, the petitioners filed an I.A. for re-opening the evidence for the purpose of adducing further evidence. This application was dismissed by the lower Court with the observations that the proposed witnesses were not witnesses to any documents, that, there is no reference




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