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2025 Supreme(Online)(Tel) 67179

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE RENUKA YARA
Mohd Shaker Hussain – Appellant
Versus
Mr. Najaf Ali Khan @ Akber – Respondent


THE HONOURABLE SMT. JUSTICE RENUKA YARA CIVIL REVISION PETITION No.2298 of 2024

ORDER:

Heard Sri V. S. Sudhaker, learned counsel for the revision petitioner and Sri Shaik Shafee Ur Raheman, learned counsel for the respondents.

Perused the entire record.

2. This revision is preferred aggrieved by the dismissal order dated 10.11.2023 in I.A.No.825 of 2023 in O.S.No.1408 of 2019 passed by the learned XVIII Additional Senior Civil Judge, City Civil Court, Hyderabad (‘trial Court), wherein a petition filed under Section 151 of C.P.C. to stop General Power of Attorney (‘GPA’) holder of plaintiffs, to depose on their behalf as P.W.1.

3. The main suit was filed by the respondents/plaintiffs herein seeking relief of recovery of possession, mandatory injunction and for damages. In the said suit, at the time of leading evidence, the GPA holder of the plaintiffs was proposed to be examined as P.W.1. At that juncture, the I.A. under revision was filed to prevent the GPA holder from adducing evidence on behalf of plaintiffs to substitute the main parties by placing reliance on Rule 32 of the Civil Rules of Practice.

4. According to the revision petitioner, the GPA holder is not entitled to appear as

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