THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.4032 OF 2024

ORDER:

This Civil Revision Petition is filed aggrieved by the order dated 03.12.2024, passed by the Principal District and Sessions Judge - cum - Family Court, Medchal-Malkajgiri District, at Malkajgiri whereby I.A.No.1019 of 2024 in O.S.No.246 of 2006 filed by the petitioner under Order VII Rule 14 to receive the documents was dismissed.

2. Heard Sri Malipeddi Srinivas Reddy, learned counsel for the petitioner and Sri N.S.Bhaskara Rao, learned counsel for respondent Nos.1 to 4 and 6 (respondent No.5 expired) and perused the material available on record.

3. Petitioner herein is plaintiff and respondents herein are the defendants in the suit.

4. Brief facts of the case are that the petitioner herein filed suit O.S.No.124 of 2006 against respondents for specific performance of Agreement of Sale dated 06.10.2005 and the suit was disposed of vide judgment and decree dated 03.10.2017. Aggrieved by the same, the respondents preferred A.S.No.54 of 2021 and also filed C.M.A.No.507 of 2023 before this Court and the same were disposed of by an order dated 02.09.2024 and the Judgment dated 03.10.2017 was set aside and the suit was remanded to the trial Court with a direction to proceed with matter on merits by giving opportunity to both the parties on record.

5. On such remand, the matter was taken up by the trial Court for adjudication on 18.11.2024 and on 20.11.2024, petitioner filed an application vide I.A.No.1019 of 2024 under Order VII Rule 13 of Code of Civil Procedure to receive the following documents: 1) Certified Copy of the Plaint filed in O.S.No.124 of 2006, 2) Certified copy of the written Statement filed in O.S.No.124 of 2006, 3) certified copy of the compromise petition filed in O.S.No.124 of 2006 4) Certified copy of the Lok Adalath Award passed in O.S.No.124 of 2006 and 5) Certified copy of the Final Decree proceedings in O.S.No.124 of 2006.

Respondents herein filed counter resisting the said application.

6. The trial Court vide order dated 03.12.2024, dismissed the application on the ground that the petitioner has failed to show specific reasons for delay from 08.02.2017 to 03.10.2017 in filing the documents sought to be taken on record and was filed on 20.11.2024. Aggrieved by the same, present Civil Revision Petition is filed.

7. Learned counsel for the petitioner would submit that the suit was initially filed in 2006 and the same was decreed on 03.10.2017. Aggrieved by the same, respondent preferred appeal in A.S.No.54 of 2024 and the said appeal was remanded back to trial Court for fresh disposal specifically directing the trial Court to proceed with the matter on merits by giving an opportunity to both the parties on record to adduce evidence. Therefore, the reasons by which the trial Court dismissed the application are untenable, since, the petitioner filed application on 20.11.2024, which was within two months from the date of disposal of A.S.No.54 of 2021. Thus, the trial Court has committed error in dismissing the application without considering the fact that the appeal was disposed of and the suit was remanded with liberty to both the parties to adduce evidence and therefore, prayed to allow the revision.

8. Per contra, learned counsel for the respondent would submit that the documents sought to be taken on record pertains to the year 2006 and the petitioner has filed application to amend the plaint on 21.10.2016 and the same was allowed and the petitioner has not assigned any reasons as to why said documents could not be filed along with the amendment application. Therefore, the trial Court has rightly dismissed the application since, the petitioner has failed to give proper reasons for inordinate delay in filing application and thus, prayed to dismiss the revision.

9. Perusal of the record would reveal that suit was filed in the year 2006 and the same was initially decreed on 03.10.2017 against which A.S.No.54 of 2021 and C.M.A.