Sri Mullapudi Satyanarayana vs Sri Bobba Dharma Mohana Rao
2023 Latest Caselaw 2692 AP

  HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

     CIVIL REVISION PETITION No.1120 of 2023

ORDER:

The petitioners had moved O.S.No.47 of 1985

before the Principal Senior Civil Judge, Eluru, for specific

performance of an agreement of sale which was allowed.

Aggrieved by the said judgment and decree, the respondents

had moved A.S.No.8 of 2016 before the VII Additional District

Judge, West Godavari, Eluru. During the pendency of this

appeal, the petitioners moved I.A.No.1112 of 2022 under

Order 41 Rule 27 (AA) read with Section 151 of Civil

Procedure Code for production of additional evidence which is

the judgement and decree dated 24.01.2018 in O.S.No.40 of

2018 on the file of the Principal Senior Civil Judge, Eluru, as

well as, F.I.R.No.94 of 2018 and F.I.R.No.186 of 2020

registered in Dwaraka Tirumala Police Station. This

application was dismissed by the Appellate Court on

06.03.2023.

2. Aggrieved by the same, the petitioners have

approached this Court under this Civil Revision Petition. It is

the case of the petitioners that the said documents are

necessary to demonstrate the unfair conduct of the

respondents herein and the Appellate Court ought to have

allowed the said application.

3. A perusal of the order of the Appellate Court

shows that the application was dismissed by the Appellate

Court on the ground that there were no pleadings showing

the necessity of allowing additional evidence at the stage of

the appeal. A perusal of the said affidavit also show that there

are no pleadings setting out reasons as to why the application

should be allowed.

4. In the circumstances, this Court does not find

any reason to interfere with the order. Accordingly, this Civil

Revision Petition is dismissed. There shall be no order as to

costs.

As a sequel, pending miscellaneous petitions, if any,

shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J

01.05.2023 RKS