Decisions concerning evidence do not call for interference under Article 227 of the Constitution of India.

ORDER :

1. Plaintiff before the trial Court filed these revisions under Article 227 of the Constitution of India. C.R.P.No.1218 of 2019 questions the correctness of order dated 29.03.2019 of learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimadole in I.A.No.164 of 2019 in O.S.No.95 of 2015. C.R.P.No.1465 of 2019 questions the correctness of order dated 29.03.2019 of learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimadole in I.A.No.163 of 2019 in O.S.No.95 of 2015.

2. O.S.95 of 2015 is a suit filed by the plaintiff seeking for permanent injunction against defendants. The property in dispute is described in the plaint schedule as 200 Sq.yards of site with thatched shed in it having door No.12-99 situated in Gundugolanu Village, Bhimadole Mandal. In the plaint it is stated that one Smt Sattemma @ Suvarthamma owned the plaint schedule property and she had given it to as Stridhana to her daughter Smt Chavatapalli Kamalamma and thereafter Chavatapalli Kamalamma on appreciating the services rendered by the plaintiff bequeathed this property to him under a will dated 05.10.2012. Therefore, plaintiff is the absolute owner and possessor of this property. Earlier to him for 38 years the testator Kamalamma and her husband Isriale owned and possessed that property. During their life time she raised a thatched hut and after it came down to plaintiff, he removed it for Vasthu reasons and kept the property vacant. In the recent past the plaintiff intended to make a construction and obstruction came from the defendants and therefore the suit.

3. It may be noted here that at Para ‘3’ of the plaint there is a clear recital that the plaint schedule property is a vacant site. However, in the plaint schedule the property is described as site with a thatched shed therein.

4. Defendants pleaded their case and the suit went for trial. On 18.03.2019 the suit was posted for hearing arguments on both sides. It was at that stage, the plaintiff filed I.A.No.163/2019 under Section 151 C.P.C. to reopen the evidence and filed I.A.No.164 of 2019 under Order XVIII Rule 17 & Section 151 C.P.C. to recall him/Pw.1 to mark a document namely possession certificate dated 16.03.2019 as a document on his behalf. In these two applications it is mentioned that the proposed document is a very important document to establish the case of the plaintiff. He could not earlier obtain this proposed document from Gram Panchayat, Gundugolanu and therefore he could not file it earlier and there are no latches and negligence on his part.

5. Defendant No.1/Respondent No.1 filed a counter stating that with a view to drag the matter further this application is filed. The proposed document would show that the property is in Lakshminarayanapet. The plaint and plaint schedule do not disclose that the suit property is at Lakshimnarayanapet. It is stated that the plaint schedule property situate in Harijanapet or Arundatipet of Gundugolanu Village. That the proposed document was issued by the Panchayat Secretary who is incompetent to issue such certificate. The alleged certificate does not carry any value and it is issued based on voters list. Smt Kamalamma died prior to the year 2011 and therefore the question that she lived in Door No.12-99 in the year 2011 is incorrect. It is further mentioned that plaintiff as Pw.1 in his cross examination admitted that the plaint schedule property belonged to late Devarapalli Ramudu. Therefore the question of Kamalamma and her husband living in the plaint schedule property does not arise. For these reasons, Respondent No.1 sought for the dismissal of the petition.

6. After due enquiry, learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimadole, dismissed both the applications.

7. Aggrieved by those orders the plaintiff preferred these two revision petitions. C.R.P.No.1218 of 2019 assails the Order in I.A.No.164 of 2019. The C.R.P.No.1465 of 2019 assails the Order in I.A.No.163 of 2019.

8. Since