High Court for State of TelanganaCRP/4625/2014dismissed no costs

Sambhoju Pullachary v. Sambhoju Naga Chary

2015-01-30R.Subhash Reddy2 pages

HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION Nos.

4625, 4626 and 4627 of 2014 COMMON ORDER :

As these three revision petitions are filed aggrieved by the common order passed in I.A.Nos.411, 412 and 413 of 2014 in O.S.No.366 of 2007 on the file of Junior Civil Judge, Tiruvur, they are heard together and are being disposed of by this common order. Petitioner is plaintiff in the suit in O.S.No.366 of 2007, filed for injunction simplicitor with regard to suit schedule property. The suit is of the year 2007 (wrongly typed in the impugned order as O.S.No.366 of 2014) and the evidence of plaintiff was closed on 23.06.2014 and that of defendants was closed on 17.07.2014 and it is coming up for arguments. At that stage, the plaintiff has filed I.A.No.411 of 2014 to reopen his evidence, I.A.No.412 of 2014 to recall PW-1 for marking of certain documents and I.A.No.413 of 2014 to receive the compromise document dated 15.09.2006 and Police report dated 26.11.2007, on the ground that DW-1, in his crossexamination, has admitted that petitioner-plaintiff, prior to filing of the suit, lodged a complaint before the Police and there was also a panchayat before elders.

Heard learned counsel for the parties and I have also perused the impugned order passed by the trial Court. Even according to the petitioner-plaintiff, he himself has filed the alleged complaint, and as such, there is no reason for waiting to file such complaint till the said fact is admitted by DW-1. Further, as the suit is for injunction simplicitor, the short question that falls for consideration is as to who was in possession of suit schedule property as on the date of filing suit. In that view of the matter and in

view of the reasons recorded by the trial Court, I do not find any ground to interfere with the impugned order.

The revision petitions are accordingly dismissed. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed. ______________________ R. SUBHASH REDDY, J 30th January 2015 ajr