THE HON’BLE JUSTICE B.R. MADHUSUDHAN RAO CIVIL REVISION PETITION No.2350 of 2022

ORDER:

The present Civil Revision Petition is filed under Article

227 of the Constitution of India, assailing the order dated 18.08.2022 passed in I.A.No.4 of 2021 in O.S.No.228 of 2014 by the I Additional Senior Civil Judge, Kothagudem.

2. As per track consignment, notice to sole respondent was served on 24.11.2022.

3. Petitioner is the plaintiff and respondent is the defendant in O.S.No.228 of 2014.

4. Respondent herein-petitioner-defendant has filed an application under Order XIV Rule 5 read with 151 of C.P.C praying the learned trial Court to frame the additional issues which are as under:

1. Whether plaintiff handed over the suit schedule mortgaged property to the defendant towards full and final settlement of mortgage debt? If so whether the defendant is in possession of the suit property?

2. Whether the plaintiff is entitled to redeem the mortgage debt without seeking recovery of possession of suit property?

3. Whether the suit claim is barred by limitation?

4. Whether Kona Murali has no right to file the suit?

5. Whether the plaintiff is entitled to redeem the mortgage without depositing the mortgage deb