HIGH COURT OF ANDHRA PRADESH
Ravi Cheemalapati, J
Pothuri Srinivasa Raju – Appellant
Versus
Pothuri Hemanth Varma – Respondent
CIVIL REVISION PETITION NO: 1460/2025
| Table of Content |
|---|
| 1. overview of suit background and procedural history. (Para 1 , 2 , 3) |
| 2. summary of rival arguments regarding the admissibility of forensic documents. (Para 5 , 6) |
| 3. judicial philosophy that procedural rules exist to ensure truth and justice. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. final ruling upholding the trial court order. (Para 19 , 20) |
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 allow the above Civil Revision Petition by setting aside the Order, dated 02.05.2025 in I.A.No.184 of 2025 in O.S.No.04/2022 on the file of Senior Civil Judge at Kaikaluru permitting the petitioner/respondent herein to adduce additional documents as evidences under Order 7 Rule 14(3) of the Civil Procedure Code, 1908, and pass such
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 to stay all further proceedings in Order, dated 02.05.2025 in I.A.No.184 of 2025 in O.S.No.04/2022 on the file of Senior Civil Judge at Kaikaluru permitting the petitioner/respondent herein to adduce additional documents as evidences under Order 7 Rule 14(3) of the Civil Procedure Code, 1908, and pass such
The Court made the following:
ORDER
This Civil Revision Petition is filed questioning the legality and correctness of the order dated 02.05.2025 passed in I.A.No.184 of 2025 in O.S.No.4 of 2022 by the learned Senior Civil Judge, Kaikaluru.
2. The petitioners are defendants and respondent is plaintiff in the suit in O.S.No.4 of 2022.
3. The facts that led to filing of this Civil Revision Petition, in brief, are that
(i) The respondent filed the suit for cancellation of the lease deed executed by 1st defendant in favour of 2nd defendant; for mandatory injunction directing the 1st defendant to render accounts in respect of schedule property from 04.04.2015 till the date of handing over the original sale deed and for perpetual injunction restraining the defendants and the persons claiming through them from interfering with possession of the respondent of the suit schedule property. The contents of the plaint, in brief, are that the 1st defendant, who is father of the plaintiff, by misrepresentation and in fraudulent manner obtained General Power of Attorney in respect of the suit schedule property and collected huge amounts from various persons, but failed to render account and thus the plaintiff sent Whatsapp message to the first defendant not to deal with the property. The plaint further states that with an ulterior motive, the 1st defendant created registered lease agreement dated 26.07.2011 in favour of 2nd defendant, who is mother of the plaintiff, by misusing the old passport size photograph of the plaintiff and subscribing thumb print at the photograph of the plaintiff and thus the registered lease agreement is forged and fabricated and had been executed despite the Whatsapp message sent by the plaintiff to the 1st defendant not to act as his GPA holder anymore.
(ii) The defendants filed written statement denying the material averments of the plaint contending that the plaint schedule property was purchased by 1st defendant in the name of the plaintiff and at the time of purchase the plaintiff was a student with no means of earnings and thereafter the plaintiff out of his free will and consent executed registered General Power of Attorney in favour of 1st defendant authorizing to deal with the plaint schedule property. That the 1st defendant being the real owner besides being GPA holder of the plaintiff executed registered lease deed in favour of 2nd defendant, who in her turn sublet the property under lease agreement dated 06.09.2021 and now the plaint schedule property is under sublease for a period of three years from 28.07.2021.
(iii) In the said suit, the plaintiff filed petition vide I.A.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.