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2023 Supreme(AP) 1386

B. S. BHANUMATHI
Guddati Veeraswamy (Died) – Appellant
Versus
Guddati Veeraswamynaudu – Respondent


JUDGMENT

1. This civil revision petition is filed under Article 227 of the Constitution of India against the order dtd. 12/3/2021 passed in I.A. No.58 of 2021 in O.S. No.58 of 2013 on the file of the Court of Junior Civil Judge, Mummidivaram, filed by the defendant under Order XVIII Rule 3-A of the Code of Civil Procedure, 1908 ('CPC') for granting permission to him to be examined as a witness.

2. Heard Sri T.V.Jaggi Reddy, learned counsel for the revision petitioners and Sri Rambabu Koppineedi, learned counsel for the respondent.

3. The revision petitioner is the plaintiff and the respondent is the defendant in the suit.

4. The plaintiff filed a suit against the defendant for the relief of the declaration of ABCD and EFGH marked portion of the plaint plan, for the relief of a mandatory injunction to remove the unauthorised formation of the red metal gravel on ground, and also for permanent injunction. Pending suit, the defendant filed I.A. No.512 of 2019 under Order XVIII Rule 3-A under Sec. 151 CPC to permit his younger brother by name Sri Guddati Pallamraju to be examined on behalf of the defendant as D.W.1 on the ground that the defendant was suffering from liver infection and w

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