THE HONOURABLE SMT. JUSTICE K. SUJANA CIVIL REVISION PETITION No.972 of 2025

ORDER:

Challenging the order dated 08.07.2024 passed in I.A.No.39 of 2023 in O.S.No.121 of 2019 by the learned Additional Senior Civil Judge, Wanaparthy, the present Civil Revision Petition is filed.

2. The brief facts of the case are that the petitioner/plaintiff had filed a petition under Section 65 of the Indian Evidence Act read with Section 151 CPC seeking permission to lead secondary evidence in the form of a Xerox copy of a document dated 16.05.2010 titled "Family Bhaga Parishkar Settlement". It was the case of the petitioner that the original document was in the possession of respondent/defendant No.2 and that despite issuance of notice for production of the original, the same was not produced. The petitioner contended that the said document was executed between his deceased mother, Kusuma Rani, and the defendants regarding partition of ancestral properties and was scribed before witnesses and a notary.

3. On the other hand, the respondents/defendants, while admitting the pendency of the suit for partition and separate possession, denied the execution of any such settlement deed and asserted that the