APHC010083972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION NO: 469/2025 Between:

1. B OMMAREDDY VENKATA RAMI REDDY, S/O. RAMA SUBBA REDDY, D.NO. 3-50, MALLEMPUDI VILLAGE, TADEPALLI MANDAL,GUNTUR DISTRICT.

...PETITIONER AND

1. B OMMAREDDY RAMA SUBBA REDDY, S/O. LATE BAPIREDDY, AGRICULTURE, R/O.D.NO. 3-50, MALLEMPUDI VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT.

2. B OMMAREDDY UDAY BHASKAR REDDY, (DIED).

3. S MT DUGGIRALA SUJATHA, , W/O. RAVI, AGED 38 YEARS, R/O.

D.NO. 26-42-264, ZERO LINE, A.T.AGRAHARAM, GUNTUR CITY, GUNTUR DISTRICT.

4. S MT BHIMAVARAPU LALITHA KUMARI, W/O. LATE SAMBI REDDY, AGED 50 YEARS, R/O. KOLLIPARA VILLAGE, KOLLIPARA MANDAL, .RESPONDENTS/DEFENDANTS.GUNTUR DISTRICT

5. K OMMAREDDY VIJAYA LAKSHMI, W/O. LAKSHMA REDDY, AGED

70 YEARS, R/O. KOLLIPARA VILLAGE, KOLLIPARA MANDAL, ..

.RESPONDENT/PLAINTIFF.GUNTUR DISTRICT.

...RESPONDENT(S):

Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toBeing aggrieved by the Order, Dt. 04.09.2024, passed in O.S No.318/2017 on the file of the court of Prl. Junior Civil Judge, Mangalgiri, Guntur District, the above named petitioner begs to prefer this memorandum of Civil Revision Petition IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant stay of all further proceedings in O.S.No.318 of 2017 on the file of the Court of the Prl. Junior Civil Judge, Mangalagiri, Guntur District, pending disposal of the main C.R.P. and to pass such Counsel for the Petitioner:

1. SIVA RAMA KRISHNA KOLLURU Counsel for the Respondent(S):

1. DODDALA YATHINDRA DEV

2.

The Court made the following:

ORDER

The petitioner, aggrieved by the docket order dated 04.09.2024 passed in O.S.No.318 of 2017, on the file of the Court of the Principal Civil Judge (Junior Division), Mangalagiri, Guntur District, refusing to mark the Will as an exhibit, has filed the present Civil Revision Petition.

2. The petitioner herein is defendant No.3 and respondent No.5 herein is the plaintiff, while respondent Nos.1 to 4 herein are the defendant Nos.1, 2 and 4 in O.S.No.318 of 2017. The Suit is filed for partition and for cancellation of the sale deed dated 03.10.2016 executed by defendant No.3 in favour of defendant No.4.

3. The petitioner herein/defendant No.3, at the time of his evidence, placed a Will dated 06.06.1968, purported to have been executed by his grandfather, to mark the same as an exhibit, and the Court raised an objection that the original laminated copy is not legible and questioned how a clear photocopy could be obtained from an illegible document.

4. The case of the petitioner herein is that, by virtue of the Will, the subject property devolved upon him, and he in turn sold it under a registered sale deed dated 03.10.2016. The plaintiff, while seeking partition, also sought for cancellation of the registered sale deed executed by the petitioner in favor of 4^th defendant. In the said circumstances, to prove that the subject property of the suit is devolved upon the petitioner/defendant No.3, he tried to mark the Will, which is a laminated one. The Court below refused to mark the same as it is illegible. Impugning the said proceedings dated 04.09.2024, the present Civil Revision Petition is filed.

5. Heard Sri K. Sivarama Krishna, learned counsel for the petitioner, and Sri Doddala Yathindra Dev, learned counsel for the plaintiff/respondent No.5 herein.

6. While reiterating the grounds of revision, the learned counsel for the petitioner contended that the Court below failed to see that the original Will dated 06.06.1968 has been filed, as the document is an old one and has been laminated, and along with