Pothuraju Venkata Ramanaiah vs Varikuti Parikshitha
2024 Latest Caselaw 4531 AP

Andhra Pradesh High Court - Amravati

Pothuraju Venkata Ramanaiah vs Varikuti Parikshitha on 19 June, 2024

HIGH COURT OF ANDHRA PRADESH :: AMARAVATHI

A.S. No.29 OF 2017

PROCEEDING SHEET

Sl. OFFICE No. DATE ORDER NOTE

26. 19.06.2024 AVRB, J:

While perusing the record to prepare the judgment, the following defects are noticed:

According to the appendix of evidence of the judgment, PWs.1 to PW.4 are 1) Pothuraju Venkata Ramanaiah, 2) Peta Murali, 3) Pamujula Dhanunjaya and 4) Thuvara Tirupathi respectively. The deposition of PW.1 is tallied. As seen from the deposition of PW.2, he is T. Tirupathi, S/o. Venkaiah. He was further examined on 12.08.2011 for confirmation of chief-

examination affidavit. To the aforesaid deposition, there was no cross-examination part. Curiously, there is another deposition of Peta Murali as PW.2 dated 19.06.2015 and he was cross-examined in the capacity of PW.2. The deposition of PW.3 is Pamujula Dhanunjaya, S/o.Subramanyam. As seen from the deposition of PW.4, again it was of Thuvara Tirupathi and it was sworn in on 19.06.2015 and there was also cross-

examination part. So, the depositions do not tally with the description mentioned in the chief-examination affidavits. At one hand, there is no cross-examination part of PW.2 - T. Thirupathi and on the other hand, there was deposition of Peta Murali as PW.2 with cross-examination part. The deposition of T. Tirupathi was there with cross-examination part as PW.4. It is very difficult in the absence of explanation to consider which deposition of PW.2 - T. Tirupathi is to be considered. Hence, both the counsel have to clarify the ambiguity.

Hence, Registry to delete the matter under the caption 'Reserved for judgment' and post the matter after three (3) weeks.

____________ AVRB, J

Dsh