Konduru Jayasimha Raju vs Hasti Hari Prasad
2022 Latest Caselaw 493 AP

        THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

           CIVIL REVISION PETITION No.1184 of 2021

ORDER:

The petitioner herein had filed O.S.No.66 of 2020 before

the Junior Civil Judge, Nandalur seeking permanent injunction

restraining the respondents herein from interfering with the

possession of the suit schedule property. After the trial, the suit

was dismissed by the trial Judge. Aggrieved by the said

dismissal of the suit, the petitioner herein had filed A.S.No.29 of

2018 before the III Additional District judge, Rajampet. During

the pendency of the appeal, the petitioner had filed I.A.No.109

of 2020 under Order 41 Rule 27 of the CPC for receiving certain

documents as additional evidence as these documents had been

given by the petitioner to his counsel during the trial but the

same were not filed or marked. This application was dismissed

by the trial Court by an order, dated 18.10.2021.

2. Aggrieved by the same, the petitioner has approached this

Court by way of this revision petition.

3. Sri O.Udaya Kumar, learned counsel for the petitioner,

would submit that in view of the judgment of the Hon'ble

Supreme Court in Malyalam Plantations Ltd., vs. State of

Kerala and another1, which had followed the Hon'ble Supreme

Court's case in State of Rajasthan vs. T.N.Sahani and

(2010) 13 SCC page 487

others2, the appellate Court ought to have considered and

disposed of, of the application along with the main appeal and

ought not to have taken up the application prior to hearing of

the main appeal.

4. Heard Sri O.Udaya Kumar, learned counsel for the

petitioner and Sri B.Venkata Rama Rao, learned counsel for the

respondents.

5. In view of the aforesaid view of the Hon'ble Supreme

Court, it would be appropriate to dispose of this revision petition

setting aside the impugned order, dated 08.10.2021, in

I.A.No.109 of 2020 in A.S.No.29 of 2018 on the file of the III

Additional District Judge, Rajampet and remanding the same

back to the Appellate Court to enable the Appellate Court to

consider this application along with main appeal. No

observations have made in relation to the merits of the case in

the present order.

6. The Civil Revision Petition is, accordingly, disposed of.

There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

_________________________ JUSTICE R.RAGHUNANDAN RAO Date : 31.01.2022 SPP

(2001) 10 SCC page 619

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

CIVIL REVISION PETITION No.1184 of 2021

DATE : 31.01.2022

SPP