ORDER

The order dated 01.02.2019 in I.A.No.272 of 2017 in O.S.No.448 of 2013 of learned II Additional District Judge, Visakhapatnam is challenged in this revision filed under Article 227 of the Constitution of India.

2. The petitioner herein is the defendant in the suit. The respondent herein is the plaintiff in the suit. The controversy is with reference to a decision about a preliminary issue. The property in dispute as described in the plaint schedule is 130 square yards of site in which there is a structure with a ground floor and first floor and all that situated in Door No.30-10-3 in Pidaparthivari Veedhi, Dabagardens, Visakhapatnam. The plaint seeks for an adjudication of a sale deed dated 10.03.2010 in document No.1330/2010 as voidable and void and to cancel the same and for costs and such other reliefs. The said sale deed was executed by plaintiff and others in favour of the defendant. However, it was sought to be cancelled by alleging various facts which include fraud and misrepresentation attributed to the defendant. The case set out in the plaint indicates that the plaintiff and his sister intended to sell ground floor and defendant agreed to purchase ground floor but f