Mohd. Azeemuddinvs vs MOHD ABUZAR - 2021 Supreme(Telangana) 23

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Telangana) 23

T.AMARNATH GOUD
Mohd. Azeemuddinvs – Appellant
Versus
MOHD ABUZAR – Respondent

Advocates Appeared:
For the appellant :C Ramesh Sagar, Advocate

ORDER :

1. This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioners/defendant Nos. 53 and 54, challenging the order, dated 02.03.2020, passed in I.A. No. 27 of 2020 in O.S. No. 240 of 2006 by the Senior Civil Judge, Siddipet, whereby, the petition filed by the petitioners herein under Order XVIII Rule 17 read with Section 151 of C.P.C. to recall PW-1 to face cross-examination by defendant Nos. 53 and 54 the petitioners herein, was dismissed.

2. Heard the learned counsel for the petitioners and perused the record.

3. The learned counsel for the petitioners/defendant Nos. 53 and 54 would contend that the Court below without framing additional issues on their additional written statement proceeded further on the issues framed before the impleadment of the petitioner herein. The Court below failed to appreciate that the plaintiff sought for partition of 7/308th share without seeking for separate possession of his share and therefore the suit is not maintainable. The Court below erred in not observing that the plaintiffs are negligent in prosecuting the case though filed in the year 2006. The order of the Court below impugned herein is curta

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