Garnepudi Mariyamma v. Maddu Leela Rani

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO C.R.P.No.2360 of 2017

ORDER

This Civil Revision Petition is directed against the order dated 16.02.2017 in I.A.No.160 of 2017 in O.S.No.46 of 2010 passed by the Principal Junior Civil Judge, Chirala, Prakasam District.

The petitioner is the plaintiff in O.S.No.46 of 2010. The said suit was filed for bare injunction. The evidence in the suit was completed and it was posted for arguments on 27.01.2017. On that date, the petitioner filed I.A.No.160 of 2017 for reopening the suit, I.A.No.161 of 2017 for recalling PW1 for marking documents and I.A.No.162 of 2017 to receive certain documents and the same were dismissed. The present revision is filed against the order passed in I.A.No.160 of 2017. The said application is filed with the following averments: "I filed the above suit for grant of permanent injunction restraining the defendant and her men from interfering with my peaceful possession and enjoyment of the plaint schedule property. The defendant contesting the said suit and posted for arguments of both parties on 27.01.2017. The defendant filed M.C.1/2007 against her husband on the file of A.M.M. Court Chirala. I obtained C.C of petition copy, counter and deposition of PW1, PW2 in MC.1/2007 and order and decretal order from the Honourable Court.

The defendant also filed

complaint against me and others and FIR No.34/2010 was registered by II Town P.S and C.C of FIR, C.C of charge sheet in C.C.No.182/2012 on the file of A.M.M Court, Chirala and herewith filed to prove my contention. Recently, I obtained from the Honourable Court and filed into Court for marking the same through me. I am advised to file the present petition to re-call me/PW1 for marking the said documents through me. There are no willful latches on my part for filing the petition."

A counter-affidavit is filed stating that the suit is posted for arguments and the present application is filed only to protract the disposal of the suit. It is also stated that the delay was not explained properly. The trial Court by its order dated 16.2.2017 dismissed the application with the following observations:

"Upon hearing both parties and on perusal of relevant material on record, it is manifest that admittedly this suit filed for bare injunction and both parties to this suit have adduced their respective oral and documentary evidence, however, the petitioner/plaintiff wanted to file the documents viz., the evidence recorded in M.C.1/2007 and also connected case papers in the said proceedings into this case contending that those are very crucial. The present case filed for bare injunction and petitioner already pleaded about such filing of M.C.1/2007 during course of adducing her evidence and also in her pleadings as such petitioner is having knowledge about such proceedings at earliest point of time and could not get such documents at earliest point of time and file along with suit. Further the petition-affidavit did not disclose

any specific reason how far those evidence and documents lying in M.C.1/2007 are helpful into this case. Further no proper reason assigned for delay in getting those documents. The petitioner got filed sufficient evidence both oral and documentary in the suit proceedings as such this Court feels reopening of suit for adducing further evidence is unwarranted. The documents which are intended to be filed by the petitioner are unconnected to the issues framed in this suit. Hence, this Court is not inclined to reopen the suit for the purpose sought for. This petition is devoid of merits and got filed only to delay and dodge the matter as it is vexatious, as awarding exemplary costs against petitioner is also justifiable."

I am in agreement with the observations made by the trial Court in dismissing the application and it does not warrant any interference of this Court.

Accordingly, the Civil Revision Petition is dismissed. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

____________________________________ JUSTICE A.RAMALINGESWARA RAO 23rd June, 2017 rkk