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2023 Supreme(Online)(AP) 9389
HIGH COURT OF ANDHRA PRADESH WEDNESDAY ,THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRSENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CIVIL REVISION PETITION NO: 165 OF 2022 Between:
1. Sai Vineetha Junior College Pundi R.S, Peddamuraharipuram village, Vajrapukotturu Mandal, Srikakulam District, rep. by its Correspondent Kanithi Lakshminarayana.
...PETITIONER(S)
AND:
1. Killi Tavitayya S/0 Lakshmana, aged 40 years RIO Kamadenuva Village, Pedandlavunipalem Post, Nandigam Mandal, Srikakulamm District.
...RESPONDENTS Counsel for the Petitioner(s): VENKATESWARLU KOLLA Counsel for the Respondents: A RAVI SHANKAR The Court made the following: ORDER HONOURABLE SRI JUSTICE SUBBA REDDY SATTI REVIEW PETITION NO. 1 OF 2023 IN CIVIL REVISION PETITION No.165 of 2022 Between:
Sai Vineetha Junior college, Pundi RS, Peddamuraharipuram Village, Vajrapukotturu Mandal, Srikakulam District, Rep. by its Correspondent Kanithi Lakshmi narayana, Pundi RS Post (via) Peddamuraharipuram Viallge, Permanent resident of Tamalapuram Village, Nandigam Mandal, Srikakulam District.
… Petitioner/Defendant And Killi Tavitayya, S/o. Lakshmana, aged 40 years, R/o. Kamadenuva Village, Peddalavunipalem Post, Nandigam Mandal, Srikakulam District.
… Respondent/Plaintiff.
Counsel for the petitioner : Sri Venkateswarlu Kolla Counsel for respondent :
ORDER
1. This is an application seeking review of the order dated
07.12.2022 in C.R.P. No. 165 of 2022.
2. C.R.P. No. 165 of 2022 was filed against the order dated 16.12.2021 in I.A. No. 220 of 2021 in O.S. No. 25 of 2016 on the file of VI Additional District Judge, Sompeta.
3. Pending the suit, defendants filed I.A. No. 220 of 2021 under Section 45 of the Indian Evidence Act to send exhibit A.4 appointment letter dated 07.06.2006 issued by the Principal, PW.2 and exhibit A.5 appointment letter dated 07.06.2006 issued by the petitioner to an organization, Neutron Activation Analysis Baba Atomic Research Centre, BARC, Mumbai to determine the age of signatures and contents on exhibit A.4 and exhibit A.5 so as to know the genuineness of these documents.
4. Trial Court by order dated 16.12.2021 dismissed the application. Aggrieved by the same, revision is filed. This Court by order dated 07.12.2022 dismissed the application.
5. During the course of hearing, learned counsel for the petitioner would contend that PW.2, Principal was examined in chief and he was not cross-examined. Learned counsel would submit that PW.2, Principal of College filed affidavit in lieu of Chief Examination. However, the Trial Court recorded a finding as if the Principal was examined as PW.2.
6. Learned counsel also would submit that the findings of the Trial Court regarding the exhibits A.4 and A.5 may come in the way of final disposal of the suit. Hence filed a review.
7. This Court does not find any reason to interfere with the order passed by this Court on 07.12.2022. Hence, I.A.No.1 of 2023 is dismissed. Consequently, other applications are dismissed.
8. It is made clear that any observation regarding exhibits A.4 and A.5 are only observations while passing interlocutory applications. It will not come in the way of disposal of suit. The Court below has to independently assess the genuineness of exhibits A.4 and A.5 during the course of hearing. No order as to costs.
As a sequel, all the pending miscellaneous applications shall stand closed.
_________________________ SUBBA REDDY SATTI, J Date : 16.06.2023 SCS HONOURABLE SRI JUSTICE SUBBA REDDY SATTI REVIEW PETITION NO. 1 OF 2023 IN CIVIL REVISION PETITION No.165 of 2022 Date : 16.06.2023 SCS
