THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 487 OF 2014 Dated:18-10-2014
Between:
Smt. Myna Bai and three others ... PETITIONERS AND Smt. K. Sandhya and another .. RESPONDENTS THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 487 OF 2014 ORDER:
The respondents filed O.S No.61 of 2008 in the Court of III Senior Civil Judge, City Civil Court, Secunderabad, for the relief of declaration of title and delivery of possession of the suit schedule property. The suit was decreed on 28-06-2011. Aggrieved by that, the petitioners filed A.S No. 108 of 2011 in the Court of I Additional Chief Judge, City Civil Court, Secunderabad. During the pendency of the appeal, the petitioners filed I.A No. 1597 of 2013 under Order XLI Rule 25 CPC, with a prayer to frame additional issues so that the matter can be remanded on such additional issues. The application was opposed by the respondents. The lower appellate Court dismissed the I.A through order dated 13-09-2013. Hence, the revision.
Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent.
For all practical purposes, the petitioners proceeded as though the lower appellate Court has to take a decision to remand the matter. It is only when the matter is heard at length, the lower appellate Court can take a decision whether to allow the appeal, dismiss it or to remand the matter to the trial Court. For that, the question of framing additional issues when the appeal is pending does not arise. The lower appellate Court has directed that the I.A be called along with the appeal. That is the best possible alternative which the petitioners could have got. Strictly speaking, the I.A was not maintainable at all.
The C.R.P is accordingly dismissed. Since the appeal is of the year 2013, the lower appellate Court shall take up the matter for hearing and dispose of the same by the end of this year.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 18-10-2014 ks