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2023 Supreme(AP) 655

B. S. BHANUMATHI
Beechireddygari Mohan Reddy (Died) – Appellant
Versus
Kayam Kiran Kumar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P. Ganga Rami Reddy.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The revision petition was filed against the order dismissing the application to frame additional issues in a suit for perpetual injunction (!) (!) .

  2. The court allowed the revision petition, emphasizing the necessity of framing additional issues to ensure a comprehensive adjudication of the suit (!) (!) .

  3. The proposed additional issues relate to the maintainability of the suit without a prayer for declaration, the status of the property as ancestral, the validity of the sale deed, the authenticity of revenue records, the necessity of including certain parties, and the nature of the relief sought against co-owners (!) (!) .

  4. The court found that the existing issues framed by the trial court were insufficient for a complete decision, especially considering the defendants' pleas that questioned the title, maintainability, and proper parties to the suit (!) (!) (!) .

  5. The court stressed the importance of framing issues that directly address the core disputes, including the ownership status, the genuineness of documents, and the rights of all potential necessary parties (!) (!) (!) (!) (!) (!) .

  6. The order of the trial court was set aside, and the matter was remanded with directions to frame the specified additional issues, which are restructured for clarity and legal relevance (!) (!) .

  7. The decision underscores the court's discretion and obligation to frame issues that encapsulate all material disputes for proper adjudication, rather than limiting the scope to the issues already framed (!) (!) (!) .

  8. No costs were awarded, and pending petitions were closed, indicating the procedural conclusion of the revision process (!) (!) (!) .

These points collectively highlight the importance of properly framing issues in civil suits to ensure that all relevant disputes are addressed, especially when defenses challenge the maintainability and substantive rights of the parties involved.


ORDER :

1. This revision, under Article 227 of the Constitution of India, is preferred against the order, dated 08.12.2021, dismissing I.A.No. 1089 of 2021 in O.S.No. 82 of 2015 on the file of the Court of the Principal Junior Civil Judge, Puttur, filed by defendants 1 to 4 under Order XIV Rule 5 CPC and Section 151 CPC to frame the following additional issues:

    1. Whether the plaintiffs suit for permanent injunction is maintainable without prayer for relief of declaration?

2. Whether the plaintiff suit for permanent injunction is maintainable without partition of the landed property in suit Sy.No. 33/8 in between co-owners?

3. Whether the registered sale deed dated 07-03-2015 stands in the name of plaintiff has been created by K. Balakrishna Reddy who is the father of the plaintiff herein?

4. Whether the suit property is the ancestral property of the plaintiffs as pleaded by the plaintiff and their ancestors were in possession and enjoyment of the suit property?

5. Whether the revenue officials issued pattadar pass book and title deed for the suit property in favour of K. Balakrishna Reddy in the year 1995 under Katha No. 115 as pleaded by the plaintiff?

6. Whether the suit survey number

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