Simma Laxmi/Komali vs Ravada Thavitamma
2023 Latest Caselaw 1470 AP

                    HIGH COURT OF ANDHRA PRADESH

      MAIN CASE No.: CIVIL REVISION PETITION No.649 of 2023
                              PROCEEDING SHEET

S.
       DATE                              ORDER
No
1.                RC, J
     16.03.2023
                                C.R.P.No.649 of 2023

                          Notice before admission.
                          Learned counsel for petitioners is permitted
                  to take out personal notice on the respondents by

registered post with acknowledgment due and file proof of service in the Registry.

Post on 13.04.2023.

______ RC, J I.A.No.1 of 2023 Heard learned counsel for the petitioners. Learned counsel for the petitioners submitted that the petitioners, who are defendant Nos.2, 4 and 5 in Original Suit No.83 of 2019 on the file of the Court of Senior Civil Judge, Tekkali, which was filed for partition, filed Interlocutory Application No.3 of 2023 seeking permission of the Court to receive the document, i.e., Undertaking dated 04.07.1985 executed by respondent/plaintiff in favour of father-in-law of petitioner No.1 and mark the same as Ex.B5 on the petitioners/defendants' side duly contending that the said document was traced out recently and the same is very much

essential for defending the case of the petitioners herein/defendants. He further contended that the petitioners herein categorically mentioned about the said document in the written statement before the Court below, but the Court below dismissed said application on the ground that there is no reference about the said document in the pleadings. He further submitted that time and again, the Hon'ble Apex Court has categorically held that if any party wants to adduce any evidence, even at a belated stage, the same should not be curtailed and in support of his contention, relied on the judgment of Hon'ble Supreme Court in Levaku Pedda Reddamma v. Gottumukkala Venkata Subbamma [2022 Live Law (Supreme Court) 533].

Perused the order impugned in this Revision Petition. The Court, while dismissing the petition, observed that there is no reference to the said document in the written statement, but on perusal of written statement, which is placed on record, the defendant has recited about the said document. Therefore, the submissions made by the learned counsel for petitioners herein; the grounds raised in this Revision Petition and by taking into consideration the Judgment of the Hon'ble Apex Court referred supra, prima facie makes out a point for consideration to be decided in this Revision Petition.

On perusal of record, it shows that in fact in the written statement, the petitioners have categorically mentioned about the said document, but the Court below has taken a view that 'there is no reference about the document in the pleadings'.

Taking into consideration the submissions of learned counsel for the petitioners herein and in view of the above facts and circumstances of the case, there shall be interim stay of all further proceedings in Original Suit No.83 of 2019 on the file of the Court of Principal Senior Civil Judge, Tekkali for a period of three (3) weeks.

______ RC, J MP/SCH