THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR CIVIL REVISION PETITION No.2088 of 2009 ORDER: Petitioner and the first respondent herein are contesting claimants in O.P.No.235 of 1998 pending before the court below. The first respondent filed two applications I.A.No.961 of 2008 and 962 of 2008. I.A.No.961 of 2008, which is the subject matter of the present C.R.P., was for seeking leave to produce documents as per list on the ground that these documents are obtained recently and they are relevant. The relief sought for in I.A.No.962 of 2008 was under Order VIII Rule 1 A (3) CPC to condone the delay in filing list of witnesses on behalf of the first respondent herein. By order of the court below dated 29.09.2008, I.A.962 of 2008 was allowed and so far as the present I.A.No.961 of 2008 is concerned, by separate order of the even date the court below allowed this application also. However, the present revision is preferred against the order of the court below in I.A.No.961 of 2008. Heard the learned counsel for the petitioner. Respondent has refused to receive the notice sent, hence, deemed to have been served. Learned counsel for the petitioner states that there was another L.A.O.P.No.108/1990 pending before the Principal Senior Civil Judge, Tirupathi, which was a reference under Section 18 of the Land Acquisition Act(for short ‘the Act’), whereas the present O.P.No.235 of 1998 is one under Section 30 of the Act. Learned counsel states that L.A.O.P.No.108/1990 was decided on 10.12.2007 and separate appeals A.S.No.268 of 2008 and batch are pending before this Court. The application filed by the first respondent seeking to produce documents as per list and its marking is primarily objected to by the petitioner on the ground that the first respondent seeks to examine his son for the purpose of marking of the said documents. The specific objection of learned counsel for the petitioner is that the son of the first respondent is not a party to the proceedings and as such, without leave of the court, he could not be examined even for the purpose of marking of the documents aforesaid. Learned counsel however fairly states that he has no objection that if the first respondent himself gives evidence in chief to enable the Court below to mark the documents which have already been allowed to be produced as per orders of the court below in I.A.No.962 of 2008. The documents of the petitioner primarily are the certified copy of the order of the learned Principal Senior Civil Judge, Tirupathi in L.A.O.P.No.108/1990 dated 10.12.2007. The said judgment is inter parties between the petitioner and the first respondent and admittedly appeals against that judgments are pending and therefore I am able to see any objection to receive and mark the said certified copy of the judgment even by consent among the parties. Further, if there are any other documents, which the first respondent desires of marking in support of his claim, as fairly submitted by learned counsel for the petitioner, the first respondent himself as a party may examine himself in chief or file an affidavit in lieu of chief examination and mark the said documents with liberty to the petitioner herein to cross-examine him to the extent of the said documents. I am therefore of the view that if the order of the court below be modified by permitting the first respondent to examine himself in support of the documents received by order of the court below in I.A.No.962 of 2008, whereby no prejudice would be caused to the petitioner and learned counsel for the petitioner in fact has expressed no objection for the aforesaid course. In that view of the matter, the revision petition is disposed of by modifying the order of the court below as mentioned above. The court below shall permit R1 to examine himself and mark the documents received. Since the O.P. is pending before the Court below from 1998, learned III Additional District Judge, Tirupathi shall endeavourer to hear and dispose of the O.P. expeditiously, preferably, within three months from the date of receipt of a copy of this order. No costs. _____________________ VILAS V.AFZULPURKAR, J. 07th July 2011 Rns.