B.Nagabhushanam, vs G.Mallikarjuna Rao,
2021 Latest Caselaw 1012 AP

                THE HON'BLE SRI JUSTICE K.SURESH REDDY

                  CIVIL REVISION PETITION No. 127 OF 2021

ORDER:

The present civil revision petition is filed against order dated 09-12-2020

passed in I.A.No. 82 of 2020 in O.S.No. 107 of 2012 on the file of the Court of

learned IV Additional District Judge, Tirupati (for short, 'the Court below').

2. The petitioners-plaintiffs filed suit in O.S.No. 107 of 2012 on the file of

the Court below for specific performance of agreements of sale dated

23-01-2009 and 17-02-2009 said to have been executed by respondent Nos. 1

to 4-defendant Nos. 1 to 4. According to the petitioners, as per the terms of

Ex.A3 agreement, they have paid interest regularly to respondent Nos. 1 to 4

and they received payment but later, respondent Nos. 1 to 4 transferred the

property in favour of respondent No. 6-defendant No. 6 in violation of the terms

of agreements of sale. Subsequently, respondent Nos. 1 to 4 remained ex

parte and respondent Nos. 5 to 7-defendant Nos. 5 to 7 are contesting the suit.

While so, the petitioners filed I.A.No. 82 of 2020 under Order XVI Rules 1 and

7 read with Section 151 of the Code of Civil Procedure seeking to summon

respondent No. 2-defendant No. 2 to enable them to examine as a witness on

their behalf to prove the payment of interest and also to confront Ex.A3 to him.

Respondent No. 6-defendant No. 6 resisted the said petition by filing counter

on the ground that the petition was filed belatedly after closure of evidence and

there were no valid reasons to allow the petition. After elaborate discussion,

the Court below dismissed the said I.A. by the impugned order. Aggrieved by

the same, the petitioners filed the present civil revision petition before this

Court.

3. Heard learned counsel for the petitioners and learned counsel for the

respondents.

4. During the course of arguments, learned counsel for the petitioners

brought to the notice of this Court the order dated 12-02-2021 passed in

C.R.P.No. 37 of 2021. The said civil revision petition arises out of order dated

09-12-2020 passed in I.A.No. 83 of 2020, in which the petitioners sought

similar relief insofar as respondent No. 1-defendant No. 1 is concerned. This

Court, after elaborate discussion and after referring to various provisions and

also to various judgments, allowed the C.R.P. directing the Court below to

summon defendant No. 1 in the suit to be examined as a witness on behalf of

the petitioners. In view of the orders passed by this Court in C.R.P.No. 37 of

2021, this civil revision petition also needs to be allowed as the relief in both

the petitions is similar in nature.

5. At this stage, learned counsel for the respondents requests this Court to

direct the Court below to dispose of the suit as expeditiously as possible since

the suit is of the year 2012.

6. Accordingly, the civil revision petition is allowed and the impugned order

dated 09-12-2020 passed in I.A.No. 82 of 2020 in O.S.No. 107 of 2012 on the

file of the Court below is hereby set aside. The Court below is directed to fix a

date and summon respondent No. 2-defendant No. 2 in the suit to be

examined as a witness on behalf of the petitioners. Needless to emphasize

the petitioners shall be bound by his evidence. The Court below is further

directed to dispose of the suit as expeditiously as possible.

7. Pending miscellaneous applications, if any, shall stand closed in

consequence.

___________________ Date: 19-02-2021. K.SURESH REDDY, J.

JSK

THE HON'BLE SRI JUSTICE K.SURESH REDDY

CIVIL REVISION PETITION No. 127 OF 2021

DATE: 19TH FEBRUARY, 2021

JSK