IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT. JUSTICE RENUKA YARA CIVIL REVISION PETITION No. 2844 of 2024

05^th DECEMBER, 2025 Between:

Mr. Chakrapani, Hyderabad.

…Petitioner AND Mrs. Vuddagiri Sunitha Kusuma Kumari, Hyderabad.

…Respondent

ORDER

Heard Sri. Sankalp Pissay, learned counsel for the revision petitioners and Sri. Hirendernath, learned counsel for the respondent. Perused the record.

2. This Civil Revision Petition is filed preferred aggrieved by the order dated 01.08.2024 in I.A. No. 258 of 2024 in O.S. No. 3088 of 2022 on the file of learned X Junior Civil Judge, City Civil Court, Hyderabad (for short, ‘the Trial Court’), wherein, the petition filed under Order VII Rule 14(3) read with Section 151 of the Code of Civil Procedure, 1908, to receive certain documents to be marked as Exhibits, has been allowed.

3. The single grievance of the learned counsel for the revision petitioner is that receipt of certified copy of cross examination of P.W.1 in O.S. No. 597 of 2020 dated 29.07.2022. It is argued that the said document cannot be received in evidence as the same does not meet the requirements under Section 33 of the Indian Evidence Act, 1872 (presently, Section 27 of the Bharatiya Sakshya Adhinayam, 2023). It is noted that the P.W.1 is not a party to the suit in O.S. No. 3088 of 2022. The litigation in the previous suit i.e., O.S. No.597 of 2020 was not between the same parties. The witness is alive and there is no difficulty in summoning the witness. Further, it is stated that P.W.1 in O.S. No. 597 of 2020 is not representing any interest to defend in O.S. No. 3088 of 2022. Therefore, the said cross examination of P.W.1 in O.S. No. 597 of 2020 dated

29.07.2022 may not be received in evidence.

4. Learned counsel for the respondent submitted that the Civil Revision Petition is filed prematurely as the said cross examination of P.W.1 in O.S. No. 597 of 2020 dated 29.07.2022 is not yet marked as an exhibit and the matter stood posted for marking exhibits and hearing on objection thereof.

5. After arguments, consensus is reached that though certified copy of cross examination of P.W.1 in O.S. No. 597 of 2020 dated 29.07.2022 has been received by the Trial Court. The same shall be pressed for marking by the respondent (plaintiff).

6. In view of the aforementioned consensus, the Civil Revision Petition is disposed of. There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand closed.

___________________

RENUKA YARA, J

Date: 05.12.2025

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THE HON’BLE SMT. JUSTICE RENUKA YARA CIVIL REVISION PETITION No. 2844 of 2024 Date: 05.12.2025 gms