The Hon’ble Smt. Justice Renuka Yara Civil Revision Petition No.1636 of 2024

Order:

This is a Revision Petition filed aggrieved by the order dated 29.04.2024 passed by the learned II Additional District Judge, Nizamabad in I.A.No.744 of 2023 in O.S.No.27 of 2016, wherein, a petition filed under Section 65 of Indian Evidence Act with a prayer to permit to mark the xerox copy of Will Deed dated 18.01.1993 as Ex.B1 as secondary evidence on their behalf, has been dismissed.

2. Heard Sri G. Rajeshwar Rao, learned counsel for the revision petitioners/defendant Nos.1 and 6 and Sri P. Vishnuvardhana Reddy, learned counsel for the respondent No.1/plaintiff. Perused the record.

3. The case of revision petitioners is that paternal grandfather of revision petitioner No.2 namely Dr. Laxman Rao Ambekar was the owner and possessor of suit schedule properties ‘A’ and ‘B’. The said Laxman Rao Ambekar died in the year 2016. He executed a Will Deed in the presence of Sri Hari Har Rao, a Senior Advocate and Sri B. Laxmi Narayana and attested by Advocate Sri Narsimha Reddy on 18.01.1993. The respondent No.1 who was divorced used to reside with his grandfather and assist him. Late Laxman Rao Ambekar allot