IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.5036 OF 2009 Between : M.A.Dastagiramma ... PETITIONER A N D Madiga Obulesu and another …RESPONDENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO. 5036 OF 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 07.08.2009, in I.A.603 of 2008 in I.A.No.144 of 2007 in O.S.No.30 of 2007 on the file of Junior Civil Judge, Banagganapalle, whereunder and whereby the application filed to set aside the order dated 12.08.2008 in I.A.No.144 of 2007, for marking the alleged documents, which were filed through the memo by respondent No.1, was dismissed. 2. In I.A.No.144 of 2007 respondent No.1 herein filed a memo along with certain documents before the Court below for marking. After verifying the said documents, the Court below taken into consideration and the same were marked as Exs.P.1 to P.11. 3. The grievance of the petitioner is that except by a filing an affidavit supported by petition giving reasons, those documents cannot be received as evidence to consider the same in an application filed under Order XXXIX Rule 1 CPC. Simply because documents are received, it cannot be said that those documents have been admitted in evidence for the purpose of deciding the petition. Under Order XXXIX Rule 1 C.P.C., marking of document must have been done by the trial Court for ready reference, but marking those documents does not mean that the admissibility, relevancy and proof of the documents has been dispensed with. Marking of documents at this stage is only to decide prima facie case. Therefore, the impugned order does not suffer from any infirmities so as to call for the interference of this Court and accordingly it is liable to be dismissed. 4. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C.BHANU. J NOVEMBER 11, 2010. YVL