APHC010577912024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION NO: 3259/2024 Between:

1. RAVU VENKATA SATYA SITA JYOTHI SWAROOPA, D/O. SESHA SURYA RAO, REPRESENTED BY HER GPA HOLDER CHELIKANI VENKATA SATYA MADHAVA SURYA RAO, S/O VENKATA MURALI KRISHNA RAO, AGED ABOUT 58 YEARS, OCC. SELF EMPLOYED, R/O. D.NO. 9-7-50, MOHAMMAD ALI STREET, GANDHI NAGAR, KAKINADA, KAKINADA DISTRICT, (ERSTWHILE EAST GODAVARI DISTRICT).

...PETITIONER AND

1. DR KOTAGIRI BUTCHAIAH RAYANAM, S/O GANGADHARA RAMA RAO, AGED ABOUT 35 YEARS, OCC. DOCTOR BY PROFESSION, R/O. H.NO. 10-6-1384, REVENUE WARD NO. 13, SCHOOL ENDING POINT, SESHADRI NAGAR, JANGAREDDY GUDEM, WEST GODAVARI DISTRICT.

2. VASAKARLA ANUSHA, C/O DR.KOTAGIRI BUTCHAIAH RAYANAM, AGED ABOUT 35 YEARS, R/O. H.NO. 10-6-1384,, REVENUE WARD NO. 13, SCHOOL ENDING POINT, SESHADRI NAGAR, JANGAREDDY GUDEM, WEST GODAVARI 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 to SET ASIDE the order dated 14.08.2024 made in I.A.No.124 of 2024 in H.M.O.P.No.326 of 2022 is pending on the file of The Principal Civil Judge (Senior Division), Kakinada District (erstwhile East Godavari District)

by allowing the Civil Revision Petition and pass IA NO: 1 OF 2024 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 to permit the General Power of Attorney dated: 09.12.2024 to present the above Civil Revision Petition on behalf of the Petitioner and pass IA NO: 2 OF 2024 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 to STAY of all further proceedings in H.M.O.P.No.326 of 2022 pending on the file of The Principal Civil Judge (Senior Division), Kakinada District (erstwhile East Godavari District), pending disposal of the above CRP and pass Counsel for the Petitioner:

1. A K KISHORE REDDY Counsel for the Respondent(S):

1. PARTY IN PERSON The Court made the following order:

Assailing the correctness and the legality of the order dated

14.08.2024 passed in Interlocutory Application No.124 of 2024 in H.M.O.P.No.326 of 2022 on the file of the Court of Principal Civil Judge (Senior Division), Kakinada (Erstwhile East Godavari District), the present Civil Revision is filed under Article 227 of the Constitution of India.

3. The facts of the case that led to filing of the present Civil Revision Petition is as follows:

i) The petitioner herein is the petitioner and the respondents herein are the respondents in H.M.O.P.No.326 of 2022 on the file of the Court of Principal Civil Judge (Senior Division), Kakinada.

ii) The petitioner herein filed H.M.O.P.No.326 of 2022 seeking a decree of divorce by dissolving the marriage dated 23.05.2021 which took place between the petitioner and respondent No.1. The petitioner also filed I.A.No.124 of 2024, under Order VII Rule 14(3) CPC read with Section 151 CPC, seeking to receive the Certificate under Section 65-B of Indian Evidence Act stating that she has filed certain documents which are electronic records and require a Certificate under Section 65-B of the Indian Evidence Act and that in order to mark the said documents on her behalf, the said certificate is highly necessary to prove her contention, and that no prejudice would be caused to the respondents, if the said certificate is received by the Court.

iii) The said application was opposed by the respondents by filing counter inter alia contending that the evidence produced by the petitioner against respondent No.1 is an Electronic evidence and that the certificate must furnish the particulars of device used in the production of record and that the