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2021 Supreme(Telangana) 325

A.RAJASHKER REDDY
P. Kashinath Yadav – Appellant
Versus
Mangilal Choudary, S/o Nandaram Choudhary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri M. Radhakrishna
For the Respondent: Sri Vedula Srinivas, senior counsel For Vedula Chitralekha

ORDER :

1. This Civil Revision Petition is filed against order dated 23.11.2019 in I.A. No.619 of 2021 in O.S. No.204 of 2018, wherein and whereby, the trial Court dismissed the application filed by the petitioner/defendant under Order 14 Rule 5 read with Section 151 CPC for framing additional issue.

2. Learned counsel for the petitioner submits that when the petitioner/defendant raised the dispute about the title of the respondent/plaintiff, it is the bounden duty of the Court to frame issue and the Court below should have framed an issue regarding title, but the Court below has not framed the issue. When the petitioner/defendant filed an application for framing an additional issue, the Court below without considering the issue in proper perspective dismissed the same. In support of his contention, he relied on the judgment reported in Jharkhand State Housing Board V. Didar Singh (2018 ALT (Rev) 218 (SC), Anathula Sudhakar V. P. Buchi Reddy (Dead) by L.Rs., AIR 2008 Supreme Court 2033 and Venkata subbamma v. Praneshchari, 2004 (3) ALT 513. He also submits that the petitioner and the respondents are claiming the title through common vendor and both are claiming title basing on regist

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