THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL REVISION PETITION No.826 OF 2024

O R D E R :

Aggrieved by order dated 19.02.2024 in I.A.No.755 of

2023 in O.S.No.23 of 2019 passed by the learned Principal District Judge, Vikarabad, Civil Revision Petition is preferred.

2. Heard Sri Venkat Rao Patil, learned counsel for the petitioner and Sri Gummalla Bhaskar Reddy, learned counsel for respondent.

3. Revision petitioner is the defendant and respondent is the plaintiff in O.S.No.23 of 2019 on the file of Principal District Judge, Vikarabad. Suit is filed by respondent/plaintiff, seeking specific performance of agreement of sale dated 07.04.2018. Agreement of sale is for agricultural land admeasuring Ac.8-36 gts. situated in Sy.No.224/అ (Ac.05-15 gts) and Sy.No.225/అ (Ac.03.21 gts) of Bantwaram Village and Mandal, erstwhile Ranga Reddy District, present Vikarabad District.

4. Learned counsel for revision petitioner submitted that an application filed under Order XIV Rule 5 read with Section 151 of C.P.C per se casts responsibility on the Court below to recast an issue at any point of time of the suit and that the Court below has erred in not recasting the issue No.iv. It is further submitt