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2023 Supreme(AP) 392

RAVI CHEEMALAPATI
Chamarthi Maheswara Raju – Appellant
Versus
Chamarthi Sathyanarayana Raju – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SREEKANTH REDDY AMBATI

ORDER :

The orders impugned in these Civil Revision Petitions arise out of the common orders dated 20.01.2023 passed in I.A.Nos. 8 & 9 of 2022 in O.S.No.32 of 2009 by the learned IV Additional District Judge, Tirupathi and hence both these Civil Revision Petitions are being disposed of by these common orders.

2. The petitioner in both these revision petitions is the 2nd defendant, the 1st respondent is the plaintiff and the respondent Nos. 2 to 31 are the defendants 1, 3 to 31 in O.S.No.32 of 2009 filed by the 1st respondent/plaintiff for partition. The petitioner/2nd defendant filed both the interlocutory applications one is to reopen the evidence of the 2nd defendant and the other is to issue summons to Y. Eswara Prasad Reddy, who is one of the attestors of the alleged will dated 10.11.2008, to give evidence on his behalf with regard to the alleged will deed dated 10.11.2008 propounded by the 5th defendant, contending that the 5th defendant has created the Will and codicil with a view to evade the legitimate share allottable to the petitioner as well as other coparceners. Non-examination of the witness now proposed is neither willful nor intentional and examination of the witness i

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