Satyawada Appa Rao v. Satyawada Veeraju
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** Civil Revision Petition No.2092 of 2015 Between Satyawada Appa Rao ... Petitioner/Defendant and Satyawada Chinna Veeraju ... Respondent/Plaintiff DATE OF JUDGMENT PRONOUNCED: 07-8-2015 SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE R.KANTHA RAO Whether Reporters of Local newspapers may be allowed to see the Judgment?
Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?
Yes/No HON'BLE SRI JUSTICE R.KANTHA RAO Civil Revision Petition No.2092 of 2015 Order:
Heard Sri Mangena Sreerama Rao, learned counsel appearing for the petitioner-defendant. No representation for the respondent-plaintiff.
2. In the course of trial before the Court below, the
petitioner-defendant filed a petition under Order XIV, Rule 5 C.P.C., to frame an additional issue, namely, whether there was oral partition in 1982 between the plaintiff and defendant as contended by the plaintiff ?
The trial Court dismissed the petition. Feeling aggrieved, the petitioner filed the present civil revision petition.
3. At the hearing of the revision, the learned counsel appearing for the petitioner submits that even though the said issue has not been specifically framed, if the trial Court does not consider the issue while disposing of the suit basing on the evidence available on record, the case of the petitioner-defendant would be prejudiced.
4. Therefore, the civil revision petition is disposed of directing the trial Court to consider the issue, namely, whether there was oral partition in 1982 between the plaintiff and defendant as contended by the plaintiff, at the time of arguments basing on the evidence available on record and answer the same in the judgment going to be rendered by it. The miscellaneous petitions, if any, pending in this revision shall stand closed. No costs.
___________________ R.KANTHA RAO, J.
07th August, 2015.
Ak Note:- Issue C.C. by 11-8-2015.
(B/o)
Ak HON'BLE SRI JUSTICE R.KANTHA RAO Civil Revision Petition No.2092 of 2015
07th August, 2015.
(Ak)