U Narsimhulu (Died) And 12 Others v. Shettygari Ramulu And 3 Others

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CIVIL REVISION PETITION No.2792 of 2018 ORDER:

This revision is filed against the order dated 21-03-2018 in I.A.No.48 of 2018 in O.S.No.1 of 2010, wherein and whereby the application filed under Order 13 Rule 8 read with Section 151 CPC by the petitioners/ defendants 1, 2, 4 to 14 to send the document for impounding and collecting the stamp duty to the District Registrar, Sangareddy was dismissed on the ground that the petition was filed belatedly and also on the other grounds.

It is to be seen that the suit was filed in the year 2010, the present application was filed in the year 2018 and the trial Court also found that it is one of the oldest suit and came to the conclusion that the present I.A. was filed only to drag on the matter. A perusal of the affidavit filed in support of the application, no reason is given for filing the application after eight years of filing of suit, which goes to show that finding of the trial Court that it is filed belatedly only to drag on the suit proceedings is correct. In view of the same, I do not see any infirmity in the impugned order warranting interference of this Court by exercising power under Article 227 of Constitution.

Accordingly, revision is dismissed. As a sequel to the disposal of this revision, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 14-02-2019 Nvl