Taneeru Venkata Subba Rao v. Duvvuru Mohaniah

HONOURABLE SRI JUSTICE S.V.BHATT CIVIL REVISION PETITION No. 4479 OF 2015 DATED 20TH November, 2015 BETWEEN Taneeru Venkata Subba Rao ..Petitioner And Duvvuru Mohaniah and and ors

...Respondents

HONOURABLE SRI JUSTICE S.V.BHATT CIVIL REVISION PETITION No. 4479 OF 2015 ORDER:

Heard learned Counsel for the petitioner.

Perused the order under revision. The petitioner through I.A.No.111 of 2015 prays for framing following issue.

"Whether the plaintiffs are entitled for filing the suit for cancellation

of Agreement-cum-GPA stands in the name of 'Taneeru Venkata Subba Rao/1st defendant herein under Dhandupat Act provided to the borrowers?"

The proposed issue in my consideration view is neither contextual nor required. The reason given by the trial Court is tenable and no exception can be taken. Accordingly Civil Revision Petition is liable to be dismissed. After the order is dictated, learned Counsel for the petitioner contends that from the details already stated in the accompanying affidavit in I.A.No.111 of 2015, the first defendant can request for framing appropriate issue. If such a request is available within fact or law, the same is left open for consideration by the trial Court if such a request is made.

With the above observation, the Civil Revision Petition is dismissed. Miscellaneous petitions pending consideration if any in the Civil Revision Petition shall stand closed in consequence. No order as to costs ------------------------------- JUSTICE S.V.BHATT DATED 20TH NOVEMBER, 2015.

Msnrx