Guduru Veera Nishitha v. G.V. Sambashiva Rao

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CIVIL REVISION PETITION No.2618 OF 2016 ORDER:

When the matter is listed on 20.06.2016, this Court passed order which read as follows;

"Heard learned counsel for the petitioner.

It is the case of the petitioner that he filed suit in OS.No.43 of for partition and separate possession of the petition schedule on the file of I Additional District Judge, Karimnagar and respondents right to file written statement was forfeited long back. The respondents 2 to 4 herein filed memo on 04.04.2016 with some documents. The trial Court without following the procedure as envisaged under Order VIII Rule 1 A CPC trying to decide injunction petition by taking documents filed along with memo. Aggrieved by the same, the present CRP is filed.

It is needless to mention that documents are to be filed along with written statement. If the defendants want to file any documents, procedure under Order VIII, Rule 1A CPC has to be followed. In view of the same, trial Court will proceed further in the matter and receive the documents after following procedure as envisaged under Order VIII Rule 1A of CPC." Today, when the matter is listed, learned counsel appearing for respondents 2 to 4 submits that they are withdrawing the Memo dated 04.04.2016 which was filed

before the Court below for receiving the documents and also seeks liberty to file appropriate application as per law before the Court below.

Recording the aforesaid submission of the learned counsel, the CRP is disposed of granting liberty as prayed for. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the CRP, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 28.10.2016 t k.