Andhra Pradesh High Court

CRP/2572/2025 of SYAM SUNDAR MAHESWARI @ SHYAM SUNDER MAHESWARI Vs VARSHIT AQUA WET on 22 January 2026

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HIGH COURT OF ANDHRA PRADESH FRIDAY, THE TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CIVIL REVISION Between: 1. SYAM SUNDAR MAHESWARI @ SHYAM SUNDER MAHESWARI, A S/O. LATE RATANALAL MAHESWARI, AGED ABOUT 68 YEARS. DIRECTOR, SUBHAM MAHESWARI LIMITED, PENUMULI

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IN TH

FRIDAY, TH

TWO

THE HONOURABLE SR

CIVIL R

Between:

1. SYAM SUNDAR M

S/O. LATE RATAN

DIRECTOR, SUBH

LIMITED, PENUMU

MANDAL, GUNTUR

1. VARSHIT AQUA W

S/o. Basavaiah age

District.

Petition under Articl

circumstances stated in

pleased to The above na

Civil Revision Petition, h

09.09.2025 passed in I.A

the PrI. Civil Judge (Seni

IA NO: 1 OF 2025

Petition under Secti

in the affidavit filed in sup

grant stay of all further p

E HIGH COURT OF ANDHRA PRAD

AT AMARAVATI

(Special Original Jurisdiction)

HE TWENTY THIRD DAY OF JANUAR

O THOUSAND AND TWENTY SIX

PRESENT

RI JUSTICE CHEEKATI MANAVEND

REVISION PETITION NO: 2572/2025

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A.No.362 of 2025 in O.S.No.311 of 20

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on the file of the

CMR,J

C.R.P.No.2572 of 2025

PrI. Civil Judge (senior division) at Gudivada, pending disposal of the C.R.P., in the interest of justice and to pas Counsel for the Petitioner:

1.J JANAKIRAMI REDDY

Counsel for the Respondent:

1.G VIJAYA BABU

CMR,J

C.R.P.No.2572 of 2025

The Court made the following:

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ORDER:

Assailing the order dated 09.09.2025 passed in I.A.No.362 of 2025 in O.S.No.311 of 2015 on the file of the learned Principal Civil Judge (Senior Division), Gudivada, whereby, the petition under Order VII Rule 14(3) of Code of Civil Procedure, to receive the documents after condoning the delay, was allowed, the instant civil revision petition is preferred by the petitioner.

2. Heard Mr. J.Janaki Rami Reddy learned counsel for the petitioner and Mr. G.Vijaya Babu, learned counsel for the respondent.

3. The parties will be referred as they are arrayed in the plaint.

4. The revision petitioner is the defendant in the suit. The suit was filed against him by the plaintiff for recovery of money on the basis of the katha said to have been maintained by the plaintiff. The defendant denied the suit claim. The trial of the suit commenced and when the suit is at the stage of arguments, the plaintiff has filed the present application to receive the document in question, namely, the message sent by the plaintiff to the defendant over cell phone relating to payment of the balance money. The trial Court allowed the said petition and permitted to receive the document in question, as a piece of evidence in favour of the plaintiff.

5. According to the plaintiff, since the defendant denied the suit claim and as there is no other evidence available at present, the said message exchanged between the plaintiff and the defendant relating to payment of balance money is the only proof available to substantiate the claim of the plaintiff. Learned counsel for the defendant would vehemently contend that the said message is not admissible in evidence as it is not accompanied by the certificate required under Section 65 B of Evidence Act, 1872 and also on the ground that the message cannot be preserved for more than a period of two years, as per the telecommunication guidelines. It is a matter relating to

CMR,J C.R.P.No.2572 of 2025

appreciation of evidence relating to the said text message. When the trial Court found that it is a relevant piece of evidence, which is required for the purpose of deciding the controversy in the suit, it cannot be said that the trial Court erred in allowing the petition. At that stage, it is not required to appreciate the evidence on record. The question of appreciating the evidence that is adduced arises in the final adjudication of the suit. Therefore, it is always open to the defendant to question the validity of the said evidence on the aforesaid two grounds in the final adjudication of the suit.

6. Therefore, this Court finds no legal flaw or infirmity in the impugned order of the trial Court and it is not liable to be set-aside.

7. Resultantly, the Civil Revision Petition is dismissed. The order of the trial Court is confirmed. However, it is left open to the defendant to raise his objection relating to the admissibility of the said evidence and proof of the same at the time of marking the said document and also in the final adjudication of the suit. Ultimately, it is for the trial Court to adjudicate on the basis of the contentions raised by the defendant. There shall be no order as to costs.

As a sequel, Interlocutory Applications pending, if any, shall stand closed.

________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date: 23.01.2026 MDP

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