HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.2104 OF 2011 DATE:24-06-2011 BETWEEN Vemugunta Koteswara Rao …Petitioner AND Kolli Yesu Kumari and another. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No.2104 OF 2011 ORDER: On dismissal of suit filed for declaration of title and mandatory injunction for removal of encroachments in the suit schedule property etc., plaintiff filed appeal in A.S.No.243 of 2006 on the file of VIII Additional District & Sessions Judge (Fast Track Court), Vijayawada, in which, he filed I.A.No.187 of 2010 under Order 41 Rule 27 C.P.C. seeking permission to file and mark the documents mentioned in the petition. The lower Court by the impugned order without passing any order directed the parties to get ready for the arguments in the main appeal as per the principles laid down by this Court in Kotha Sathyamma and others v. Irukula Praveen Kumar and others (2005 (5) ALT 13), wherein this Court held that whether or not the documents can be admitted in evidence will be known only at the time of hearing of the appeal, and posted the appeal on 1.3.2011. No infirmity is discernable with the impugned order passed by the lower Court warranting interference by this Court at this stage. Petitioner is at liberty to make out the case whether the documents can be admitted in evidence in accordance with the provisions contained under Order 41 Rule 27 C.P.C. In the event if the lower Court comes to the conclusion that the documents have to be received, necessary opportunity should be given to the other side to rebut the evidence. Accordingly, the revision is dismissed. No costs. _______________ A. GOPAL REDDY, J. JUNE 24, 2011 Tsr.