PERAM SAMBAIAH Vs. ATUKURI SATYANARAYANA
LAWS(APH)-2019-7-4
HIGH COURT OF ANDHRA PRADESH
Decided on July 19,2019

Peram Sambaiah Appellant
VERSUS
Atukuri Satyanarayana Respondents

JUDGEMENT

M Seetharama Murti, J. - (1.)This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the unsuccessful 1st defendant having been aggrieved of the order, dated 29.01.2019, passed in I.A.no.507 of 2018 in O.S.no.314 of 2014 on the file of the Court of the II Additional Junior Civil Judge, Guntur.
(2.)I have heard the submissions of Sri T.Ramakoteswara Rao, learned counsel for the petitioner/1st defendant ('1st defendant', for brevity); and, of Sri Y.Nagi Reddy, learned counsel for the respondents 1 to 4/plaintiffs ('plaintiffs', for brevity). I have perused the material record.
(3.)The case of the unsuccessful 1st defendant, in support of his request for appointment of an Advocate Commissioner for recording the evidence of the witness,namely, Vajrala Veera Raghava Reddy, of Ankireddypalem, Guntur Rural Mandal, at his residence, in brief, is this:
'He is the 1st defendant in the suit. He had already deposed as DW1. Exhibits B3 to B12 are exhibited by him. Exhibit B8 is the Original Will, dated 15.01.1965, executed by Challa Venkayamma in favour of Challa Venkata Ramana @ Venkateswarlu. The properties under the said Will were bequeathed to his children. This is a crucial document for establishing the defence of this defendant. To prove the said Will, the 1st defendant is required to examine the said Vajrala Veera Raghava Reddy, who is the available attestor. He is aged 73 years and is bed ridden. He cannot come to Court and give evidence.'

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