V.Maheswari vs S.Bhaskarachari
2022 Latest Caselaw 9810 AP

Citation : 2022 Latest Caselaw 9810 AP
Judgement Date : 22 December, 2022

Andhra Pradesh High Court - Amravati

V.Maheswari vs S.Bhaskarachari on 22 December, 2022

Bench: Ravi Cheemalapati

[8331]

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVAT

THURSD: ne THE TWENTY SECOND DAY OF DECEMBER Ue
TWO THOUSAND AND TWENTY TWO

> PRESENT: 7
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ;

[A No. 1 OF 2022
IN
CRP NO: 2734 OF 2022
Between:

1. V.Maheewarl, WoLate S. Vasudeva Achari, Aged about 58 years, Hindu,
Mousewiia,

2. V.Anand, Sfo.Late S.Vasudeva Achari, Aged about 36 years, Hindu,
Employes,

3. VPrasanth, S/o.late S.Vasudeva Achar, Aged about 32 years, Hinds,
Employee, AN are residants of D.No.4-1042 3. Gayathri Nagar, Greamepel,
Chitcor

._ Patitioners/Patitioners
(Patitioner in CRP 2734 OF 202s
on the fle of High Gaur
AND:

{. 8. Shaskaracharl, (dled on 21.04.2020) by LRs

2, $.Chandragekharachan, S/o.Laie Mohan mugachar, Aged about 64 years,
Hindu, Eusiness, PUO.D.NO4-T9? POM, Durga Nagar Colony, Greamspet,
Chittoor.

3. KHemaiatha, WoC. Krishnamachari, Aged about O88 years, Hindu,
Housewife, R/a. D.No 15-2193, Palamaner Road, Chitioar.

4 SJayamma, died on 15.05.2024)

5. 8 Suseela, Wio.S Shaskaracharl, Aged about $9 9 years. Hindu, Housewils,
Rio D.No4-1S83, Durga Nagar Colony, Greamanet, Gh Haar,

8. PA Galendra, Sio.P.Loka natham, Aged about 43 eas, . Hindu, Susiiess

Rio DO No. T?-252, Suberlar Street, Chittoor Town, oh r Mandal, Gh itor
District,

7. B.Srufhi, Dfo Late S.Bhaskaract van, Wio 8.Krishna Rumer, aged about 28
years, Hindu, Housewife, Rio D.No4-1984/5, Durga Nagar Colony,

Greamspet, Chittoor Town, hittoor Mandal, Chittoor District.

§ VWoSanthoash Kumar, Sfolate SMasudeva Achar, Aged shout 3/ years,
Employee, R/o.D.No.4-1042/3, Gayathri Nagar. Greamepet, Chittoor, (th
Respondent is not necessary party}

, _ Respondents fRescondants in-do-}

Petitien uncer Section 151 CPC praying that in the circumstances sisted in the affidavit fled in support of fhe petition, the Nigh Sourt may be pleased to stay of all further proceedings in O.S.No.45 of 2074 on the fle of re Court of the Principal District Judge, Chittoor, pending disposal of CRP No 2734 of 2022, on the Hie of the High Court,

The petition SOTUNG on far Rearing, upon serusing {he FPelitien anc ihe afidaye Hed in Support thereof and u UPON hearing the arguments of SRI M VENKATA RAMANA REOOY Advancate for the Petitioner, the Gourt made the following GROER:

"The ipamned counsel! for the petitioner submitted that the olainilf fied an application under Order 18 Rule 3 of C.P.0,, fo permif him toa clase their evidence for the praesent and to adduce rebuttal evidence, afer closure of ihe defandants' evidenes, with ragard to issues 8 and 7 and other issues and the said application was diamissed without taking Inta cansideration the seftled principles of law and factual aspects of the matter. Aggrieved thereby the present GRP. has bean Hed,

in supgert of his contention that the petitioner has right to lead rebuttal svidance, the learned counsel for the petHiensr refied on the judgment of Hor ble Civision Bonch fin Nalaiaia Narasayysa V. Nalajais SHkayys and others, reported In AIR 1992 Andhra Pradesh OF and contended that the Order 18 Rule 3 should be exercised either before the party begins his evidence ar, in any event, before the other party begins his evidence so that H might be borne in mind that the party beginning has not clased the evidence. Therefore, the last stage for exercising the option to reserve the right of rebutial evidence can well be before the other party begins Rig evidence.

The fearned counac! for the pelitioner further submits thet the plaintiff avidence is not yet closed and defendants' evidence is not yal comumenced, hance, the application was filed af appropriate stage. However, the trial Court on erroneous view of the matter has dismissed the application.

A perusal! of the impugned Order vis a vie the submissions made by the isarned counsel for the petitioner and the decision reed an him prima facie shows that there is a point fer consideratitirin the Civil Revision Petition. Hence, this Court is Inclined to afay all further proceedings In O.S.No.48 of

2014 for a periad of four (04) weeks", : Sai. UW. SRI DEV! . ASSISTANT REGISTRAR HTRUE COPYH wee ; F SECTION OFFICER Pe, 7, e Principal District Judge, Ghitionr, Caitioor District

2. 5 Che sidrasekharachari, Sio.Late M. Shanmugachan, Aged about 64 years, Hindu, Business, R/o.D.No.4-197Q9, Ourgs Nagar Colony, Greamspet; GARoor,

3. Kk. Hemeiaina, WA. Kes shnamacha ri, Aged about 65 years, Hindu, Housawife, R/o.D.No. 16-2183, Palarna ner Raa, Chittoor,

4. B Susesis, Wie. Shacks rachar Aged about 89 years, Hindu, Housewife, Rio D No A T984/3, Durga Nagar Calany, Greamspet, Chidoar,

§. PLLG alendra, &io.P Losxanatham, Aged about 49 years, Hindu, Business,

Rio D.No. 17-388, Subecar Street, Chittoor Town, Critter Mandal, Chittoor

Cistic

B.Sruthl, [vo.Late 8. Bhaskarachan, WioS.Krishna Kumar, age

years, Hindu, Houseawie, Ro. No4-o8a/2, Durga Nagar

SKE wad

Greamspet, Chi B by RRAD)

tloar Town, Chilieor Mandal, Chittoor Districi (Addresses 2

One CG to SRI M VENKATA RAMANA REDO