Telangana High Court
Yellaram Narasimha Reddy vs Yellaram Buchi Reddy on 13 September, 2024
Author: P. Sam Koshy
Bench: P. Sam Koshy
THE HONOURABLE SRI JUSTICE P. SAM KOSHY
Civil Revision Petition Nos.2906, 2907 and 2909 of 2024
(Lunch Motion)
COMMON ORDER :
The instant Civil Revision Petitions have been filed by
the petitioners under Article 227 of the Constitution of
India assailing the Common Order dated 09.09.2024 in
I.A.No.518 of 2019 & I.A.No.519 of 2024 in O.S.No.86 of
2014 and order dated 09.09.2024 in I.A.No.517 of 2024 in
O.S.No.86 of 2014 passed by the Senior Civil Judge,
Shadnagar, Ranga Reddy District (for short, 'the impugned
orders').
2. Heard Mr. K. Ramachandra, learned counsel for the
petitioners.
3. Vide the impugned orders, the Trial Court dismissed
I.A.No.518 of 2019 & I.A.No.519 of 2024 in O.S.No.86 of
2014 filed by the petitioners under Order VII Rule 14(3)
read with Section 151 of Civil Procedure Code, 1908 with a
prayer to re-open the suit and permit the petitioners to
lead rebuttal evidence by way of oral and documentary
evidence; and also I.A.No.517 of 2024 in O.S.No.86 of 2014
filed by the petitioners under Order XVIII Rule 3 read with
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Section 151 of Civil Procedure Code, 1908 with a prayer to
adduce rebuttal evidence on additional Issue No.1 in the
suit.
4. A perusal of the impugned orders would show that
the suit is one which was originally filed in the year 2008
and with great difficulty evidence of all the parties were
closed after hot contest between the parties which took
place for over a period of 16 years. The above I.A.s were
filed by the petitioners with an intention to bring on record
the judgment passed by a learned Single Judge of this
Court in Second Appeal No.6310 of 1998 dated
03.10.2007, which again is around 17 years now. The
petitioners herein were party to the said appeal and they
were well aware of the judgment passed by the Second
Appellate Court, and therefore the petitioners could have
taken this also as a ground and also as evidence before the
Trial Court. However, the petitioners thought it fit at that
point of time not to rely on the said judgment and
permitted the Trial Court to proceed. Now, after the
evidence of respondents stood closed and the matter being
fixed for final arguments to-day before the Trial Court, the
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instant Revisions have been filed on 12.09.2024, seeking
for stay of the proceedings before the Trial Court.
5. A perusal of the findings given by the Trial Court
while deciding the above I.A.s would clearly reflect to show
that since the petitioners herein are plaintiffs and it was
the right of plaintiffs to take all plausible pleas and adduce
evidence in respect of their contentions. If the plaintiffs
had at that point of time did not think it proper to rely on
these documents and evidence to be material enough, now
at this belated stage they want to improve upon their case
after the evidence of the respondents are concluded, the
same is not permissible under the provisions of Order VII
Rule 43 of the Code. Even otherwise, the judgment passed
by the learned Single Judge of this Court in Second Appeal
No.6310 of 1998 on 03.10.2007 being a public document,
it can still be relied on by the petitioners to harp their case
before the Trial Court. Further, the said judgment is a
judicial order passed on the judicial side by this High
Court, and the petitioners would be free to produce the
same in the course of arguments so far as establishing
their case and for disproving the claim of respondents.
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6. For all the aforesaid reasons, this Court does not find
that any strong case made out by the petitioners calling for
interference to the impugned orders passed by the Trial
Court. The Civil Revision Petitions are accordingly
dismissed reserving the right of petitioners to rely on the
judgment passed by the learned Single Judge of this Court
in Second Appeal No.6310 of 1998 dated 03.10.2007 in the
course of arguments before the Trial Court. No costs.
7. As a sequel, miscellaneous applications pending if
any, shall stand closed.
___________________
P. SAM KOSHY, J
Date : 13.09.2024
Ndr
