IN THE HIGH COURT OF ANDHRA PRADESH
C. PRAVEEN KUMAR, B. KRISHNA MOHAN, JJ.
Gowram Thippa Reddy - Appellant
Versus
Vuchala Sudarshan Reddy - Respondent
Review I.A. Nos. 2, 3, 4, 5 of 2021 In C.M.A. Nos. 71, 73, 86 of 2021
Decided On : 06-05-2022
Civil Procedure Code, 1908 – Section 104, 151 – Order XLVII Rules 1 and 2 – Order 47 Rule 1 – Review Applications are inter connected, they are disposed of by this Common Order – Present Review Applications are filed seeking to review Common Judgment – Held, Court judgment would show parties filed documents in form establish possession no finding is given by trial Court on these documents – Order under review is also silent on these aspects – Court direct both parties to maintain status-quo as on today with regard to property in dispute till completion of trial – Court further direct trial Court to dispose of Suit within a period Order no to costs – Applications shall stand closed.
ORDER :
1. Since, all these Review Applications are inter connected, they are disposed of by this Common Order.
2. The present Review Applications are filed under Order XLVII Rules 1 and 2 of Code of Civil Procedure, 1908, seeking to review the Common Judgment, dated 21.09.2021, passed in C.M.A. Nos. 86, 71 and 73 of 2021.
3. I.A. No. 2 of 2021 is filed to set-aside the Judgment in C.M.A. No. 86 of 2021; I.A. No. 3 of 2021 is filed to dispense with filing of certified copy of the Judgment; I.A. No.4 of 2021 to suspend the Order and Decree passed by the IV Additional District and Sessions Judge in I.A. No. 35 of 2021 in O.S. No.9 of 2021 on 26.02.2021; and I.A. No. 5 of 2021 seeking Stay of the Order passed in the C.M.A.
4. Being satisfied with the reasons stated in the affidavit filed in support of I.A. No. 3 of 2021 filed for dispensing with filing of certified copy of the Judgment under appeal, the said application is allowed. Since, main case itself is disposed of, it may not be necessary for us to pass orders in I.A. No. 4 and 5 of 2021.
5. The facts, in issue, are as under :
(ii) The Plaint Schedule Property is a land admeasuring Ac. 1.53 cents in Sy. No. 3-B1 in Kakkalapalli Village, Anantapuram Rural Mandal and District. Along with the Suit, the Plaintiff filed I.A. No. 35 of 2021 under Order XXXIX Rules 1 and 2 seeking temporary injunction against the Defendants and their men from interfering with the peaceful possession and enjoyment of the subject property. Initially, the trial Court grated ad-interim injunction till 17.02.2021. Subsequently, the Defendants filed counter stating that they have obtained permission for construction of nine [09] shops in subject property and accordingly started construction of the same. At that point of time, the Plaintiff filed I.A. No.63 of 2021 in I.A. No. 35 of 2021 seeking temporary injunction restraining the Defendants from making further constructions in the said property. The Plaintiff also filed I.A. No. 64 of 2021 in I.A. No. 35 of 2021 seeking injunction to restrain Defendant No. 3 from alienating Petition Schedule Property. Vide separate orders, dated 26.02.2021, the trial Court allowed all the applications filed by the Plaintiff, namely, restraining the Defendants from proceeding further with the construction, restraining the Defendants from selling away the property and also an injunction.
(iii) Aggrieved by the same, the Defendants filed C.M.A. No. 71 of 2021 against the Order passed in I.A. No.63 of 2021; C.M.A. No. 86 of 2021 against the Order passed in I.A. No. 35 of 2021; while Defendant No. 3 alone preferred C.M.A. No. 73 of 2021 against the Order passed in I.A. No. 64 of 2021. All these three C.M.As are heard and by a Common Judgment, dated 21.09.2021, this Court dismissed the Appeals filed by the Defendants. Challenging the same, the present Review Applications came to be filed.
6. Before dealing with the contentions raised in the Review, it is to be noted that, in the Appeals filed, the case of the Plaintiff is that, subject property initially belongs to the joint family of one Narayana Reddy and his brothers. One Pedda Musali Reddy, who is the brother of Narayana Reddy, sold his share to one G. Nallamma by way of registered Sale Deed, dated 19.03.1948 [Ex.P1]. After the death of G. Nallamma, her son, namely, G. Chinna Konda Reddy died and, as such, his legal heirs divided the said land into plots and sold plot Nos. 1 to 9 admeasuring Ac. 0.15 cents in favor of the Plaintiff by way of 10 separate registered Sale Deeds, dated 24.06.2016 [Ex.P4]. It is said that, since the date of purchase, the Plaintiff became the owner of the property and constructed a shed bearing H. No. 1-14-
Girja Nandini And Ors. V. Bijendra Narain Choudhury
Malluru Mallappa (D) Thr. Lrs v. Kuruvathappa
M. Gurudas and Others V. Rasaranjan and Others
Haridas Das v. Usha Rani Banik
Thungabhadra Industries Ltd. v. Govt. of A.P.
Gopal Singh v. State Cadre Forest Officers Association
T.D. Dayal v. Madupu Harinarayana
Aribam Tuleshwar Sharma v. Aribam Pishak Sharma
Shivdeo Singh v. State of Punjab
Meera Bhanja v. Nirmala Kumari Choudhury
Malluru Mallappa (Dead) through Legal Representatives v. Kuruvathappa And Others
Review Petition – Jurisdiction of High Court while exercising review cannot be exercised as an inherit power nor as Appellate Court be exercised in guise of power of review – Power of review may be e....
A review is limited to correcting apparent errors in the record, not a re-evaluation of the case, reaffirming that findings must strike readily without extensive reasoning.
The main legal point established in the judgment is the limited scope of review jurisdiction, emphasizing the requirement for a mistake or error apparent on the face of the record and the court's ina....
The main legal point established in the judgment is that the review jurisdiction is limited and can only be allowed on grounds of mistake or error apparent on the face of the record. The court emphas....
The appellate court's failure to address pertinent arguments submitted by the reviewing party constituted an error of law warranting the review of the judgment.
Point of law: The power of review may be exercised on the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeki....
Misapplication of law in determining property possession constitutes sufficient grounds for modification in review proceedings under the Code of Civil Procedure.
Court can exercise its power of review only when there is an error apparent on the face of the record and an error which is to be fished out by a process of reasoning cannot be said to be an error ap....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.