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2025 DAILYLAW 47558 (AP)

Jonnalagadda Jagannatharao, v. Jonnalagadda @ Mekala Venkata Lakshmi Rajyam,

CRP/2161/2024 · 2025-09-24

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010546402023 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: Between: 1. JONNALAGADDA JAGANNATHARAO,, S/O LATE KRISHNA MURTHY, CASTE BRAHMIN AGED 70 YEARS, R/O D.NO. 12 PRAKASHNGAR, NARASARAOPET, PALNADU DISTRICT, CELL NO. 9490572996 1. JONNALAGADDA MEKALA VENKATA LAKSHMI RAJYAM, w/o Jonnalagadda Jagannatharao, 62 years. Retired Bank Officer, Andhra Bank, r/o D.No. 5 Lakshmipuram Main Road, Chandrfamouli Nagar, Guntur. Counsel for the Petitioner: 1. PARTY IN PERSON Counsel for the Respondent: 1. RAMA MOHAN RAO KOTHA IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 2161 OF 2024 JONNALAGADDA JAGANNATHARAO,, S/O LATE KRISHNA MURTHY, CASTE BRAHMIN AGED 70 YEARS, R/O D.NO. 12 PRAKASHNGAR, NARASARAOPET, PALNADU DISTRICT, CELL ...PETITIONER AND JONNALAGADDA MEKALA VENKATA LAKSHMI RAJYAM, w/o Jonnalagadda Jagannatharao, 62 years. Retired Bank Officer, Andhra Bank, r/o D.No. 5-87-40/3 Mahalakshmi Towers Apartment, Lakshmipuram Main Road, Chandrfamouli Nagar, Guntur. ...RESPONDENT r the Petitioner: Counsel for the Respondent: RAMA MOHAN RAO KOTHA IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE TWENTY FIFTH DAY OF SEPTEMBER JONNALAGADDA JAGANNATHARAO,, S/O LATE KRISHNA MURTHY, CASTE BRAHMIN AGED 70 YEARS, R/O D.NO. 12-3-30, PRAKASHNGAR, NARASARAOPET, PALNADU DISTRICT, CELL ...PETITIONER JONNALAGADDA MEKALA VENKATA LAKSHMI RAJYAM, w/o Jonnalagadda Jagannatharao, 62 years. Retired Bank Officer, Andhra 40/3 Mahalakshmi Towers Apartment, ...RESPONDENT 2 VS, J C.R.P.No.2161 of 2024 The Court made the following order: The petitioner/plaintiff has filed the present Civil Revision Petition challenging the orders passed by the Court below in I.A.No.560 of 2023 in O.S.No.47 of 2016 dated 14.07.2023. 2. Originally, petitioner filed suit for partition vide O.S.No.47 of 2016 on the file of the XIII Additional District Judge, Narsaraopet, as against the defendant herein. Pending the suit, petitioner filed I.A.No.560 of 2023 under Order VII Rule 14(3) of Civil Procedure Code to receive the Photostat copy of the letter of understanding between the family members dated 03.11.1989, Photostat copy of the lease deed dated 12.08.2011, Photostat copy of the Cr.No.202 of 2011 of Phirangipuram Police Station. 3. The said application was dismissed by the XIII Additional District Judge, Narsaraopet, vide order dated 14.07.2023, on the ground that the Photostat copies of the said documents will not come under the purview of primary evidence as defined under Section 62 of the Evidence Act or secondary evidence under Section 63 of the Evidence Act and also on the ground that for filing secondary evidence, the petitioner shall comply with Section 65 (a to g) of the Evidence Act. Challenging the same, the Present Civil Revision petition is filed. 4. Heard Sri Jonnalagadda Jaganatharao, Party-in-Person and learned counsel for the respondents. 5. Today, when the Civil Revision Petition is came up for hearing, petitioner in the capacity of party-in-person has appeared before this Court 3 VS, J C.R.P.No.2161 of 2024 and stated that after dismissal of his application vide I.A.No.560 of 2023, he has obtained the certified copies of the said documents and he also filed the said documents before this Court. However, as the trial Court is the competent Court where the petitioner is supposed to file the requisite documents for marking them, this Court feels it appropriate to direct the party-in-person to file fresh application enclosing certified copies of the documents which are necessary and supposed to be marked and on such filing the Court below shall consider the same in accordance with law. 6. Accordingly, the Civil Revision Petition is disposed of with a liberty to the petitioner to file appropriate application before the Court below for receiving the original documents. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 25.09.2025 TJN/BSK 4 VS, J C.R.P.No.2161 of 2024 27 THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 2161 OF 2024 Date: 25.09.2025 TJN/BSK