HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.2305 OF 2011 DATE:08-07-2011 BETWEEN Maganti Subrahmanya Sastry …Petitioner AND Smt. Maganti Bharata Jyothi and others …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.2305 OF 2011 ORDER: The plaintiff-first respondent herein instituted the suit in O.S.No.29 of 2006 for declaration that herself and defendants 10 and 11 are the absolute owners with exclusive rights, title and possession of plaint schedule property as legal heirs of Maganti Gangadhara Rao as per the will dated 14.8.1982 executed by Maganti Annapurnamma in favour of her second son Gangadhara Rao. Pending the suit, the petitioner herein who is the second defendant filed affidavit in lieu of chief examination. On filing an I.A. for appointment of Advocate-Commissioner to record the evidence of both P.Ws.1 and 2, the petitioner-second defendant wanted to mark certain documents on his behalf namely certified copy of deposition given by Smt.Maganti Annapurnamma in O.S.No.34 of 1982 etc., stating that in O.S.No.34 of 1982 filed by the bank for recovery of mortgage amount, the property is the same covered by the present suit and therefore, the said documents are necessary. Admittedly, no adverse stand was taken in the suit in O.S.No.34 of 1982 filed by the bank and there was no conflicting interest among the defendants namely, the parties herein and Smt. Maganti Annapurnamma against whom the bank filed the suit. Since she was not subjected to cross-examination on such conflicting interest and as the said suit was simple suit for recovery of mortgage amount and the present suit is filed for declaration and recovery of possession, the petitioner cannot mark the deposition of Smt. Maganti Annapurnamma in the present suit. The impugned order passed by the lower Court dismissing the I.A. does not suffer from any illegality warranting interference by this Court. The revision fails and the same is accordingly dismissed. No costs. _______________ A. GOPAL REDDY, J. JULY 08, 2011 Tsr.