Vankala Durga Venkata Surya Prakash ... vs Vankala Satya Rao
2024 Latest Caselaw 10002 AP

Andhra Pradesh High Court - Amravati

Vankala Durga Venkata Surya Prakash ... vs Vankala Satya Rao on 7 November, 2024

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: C.R.P.No.2527 of 2024

                             PROCEEDING SHEET


Sl.     DATE                                ORDER                               OFFICE
No.                                                                              NOTE

2.    07.11.2024   RNT, J
                         Heard Sri K.Sivarama Krishna, learned
                   counsel for the petitioner.

                   2.        This civil revision petition is filed by the 4th
                   defendant in the suit, who is the appellant in
                   A.S.No.8 of 2021 in the court of X Additional
                   District Judge at Anakapalli.

                   3.    The suit in O.S.No.130 of 2013 filed by the
                   plaintiffs/respondents 1 and 2 has been decreed.

Challenging the same, the 4th defendant filed the appeal. In the said appeal, I.A.No.99 of 2023 under Order 41 Rule 27 of the Code of Civil Procedure(for short 'C.P.C'), to file additional evidence, has been rejected by the order dated 19.07.2024.

4. Learned counsel for the appellant submits that the rejection of the application due to pendency of the appeal is not justified as the said application required consideration at the time of final hearing of the appeal. In this respect, he has placed reliance in the case of Nandam Rama Rao v. Battu Rama Rao (2013 SCC OnLine AP 567), in which placing reliance in the

judgment of State of Rajasthan v. T.N.Sahani ((2001) 10 SCC 619) of the Hon'ble Apex Court, it has been held that the application under Order 41 Rule 27 C.P.C should be decided along with the appeal and cannot be taken up independently without taking up the appeal.

5. The matter requires consideration.

6. Issue notice to the respondents.

7. In addition to the normal mode of service, the appellant is permitted to take out personal notice by Registered Post with Acknowledgement Due and file proof of service by the next date.

8. List after four weeks.

9. Till the next date of listing, the proceedings of A.S.No.8 of 2021 on the file of X Additional District Judge at Anakapalli, shall remain stayed.

_____________ RNT, J

Pab