T.S. Srikanth vs M. Ravindranath And 6 Others
2022 Latest Caselaw 154 Tel

                   THE HON'BLE SRI JUSTICE UJJAL BHUYAN

                             C.R.P.NO.2021 OF 2021

                                    ORDER

Heard Mr. B.Madhusudhan Rao, learned counsel for the petitioner and

Mr. Naresh Kumar Neemkar, learned counsel for respondents 1 and 2.

2. This revision petition has been filed challenging the order dated

02.12.2021 passed by III Additional Chief Judge, City Civil Court, Hyderabad in

fixing 22.12.2021 as the date of delivery of judgment.

3. Challenge has been made on the ground that evidence of defendants 4

to 6 was not recorded and that prayer for adjournment made by the said

defendants to adduce evidence was not granted by the learned court below.

4. Be it stated that defendants 4 to 6 are the legal heirs of defendant

No.3, who has since expired.

5. Without considering the above, learned court below has proceeded for

delivery of judgment.

6. This court by order dated 21.12.2021 had issued notice to

respondents 1 and 2 and in the meanwhile stayed the order dated 02.12.2021.

7. Today, learned counsel for respondents 1 and 2, on instructions,

fairly submits that he has no objection if the court allows the revision petition.

His only prayer is that time bound direction may be given to the learned court

below for recording evidence of defendants 4 to 6, since the suit is of the year

2013.

8. In view of the fair submission made by learned counsel for

respondents 1 and 2 and on due consideration, order dated 02.12.2021 is set

aside.

9. Learned court below is directed to grant opportunity to defendants 4

to 6 to adduce evidence with right of cross-examination by the plaintiff.

10. Let the above exercise be carried out within a period of four months

from today, where-after, the court below may proceed to hear arguments and

thereafter pronounce the judgment.

11. Revision petition is disposed of accordingly.

12. Interlocutory applications pending, if any, shall stand closed. No

order as to costs.

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UJJAL BHUYAN,J

DATE:20--01--2022

AVS