Quick Summary: The court has decided to allow the recall of a witness in a long-standing property dispute case, reversing an earlier decision. This involves a piece of land in Mahabubnagar and a contested document known as Ex.B1.
This case has been ongoing since 2010, involving a disagreement over land in Gangapur Village, Mahabubnagar. The people who brought the case, Balamani and others, want the land to be divided among them. The people defending the case, including the family members of the late Smt Nagamani, claim the land was given to them a long time ago.
A key part of the case is a document called Ex.B1, a legal paper from 1978 where someone gave up their claim to the land. Balamani and the other people who brought the case argue this document was made to trick them out of their rightful share. The husband of the original person defending the case, who has since passed away, was questioned about this document.
"One day or two days before our marriage, Ex.B1 was signed," said the witness during questioning.
The people who brought the case wanted to call this witness back, known as DW.1, to ask more questions about whether Ex.B1 is real. They believe this document is crucial to the case's outcome. However, the trial court initially said no, because they thought there wasn't a strong enough reason.
Judge B.R. Madhusudhan Rao looked at the case and decided that the trial court didn't fully consider how important Ex.B1 is. The court decided that calling the witness back was fair and needed to make a good decision.
"This Court thinks that Ex.B1 is the document which affects the decision of the case," stated the judgment.
The witness can be called back if the people who brought the case pay Rs. 5,000 to the witness. This makes sure the process is fair and respects the witness's time.
The court has allowed the recall of the witness to ensure all important evidence is examined, which is a crucial step in making a fair decision in this property dispute.
