HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Civil Revision Petition Nos.2422, 2982 and 2988 of 2025

COMMON ORDER

These Civil Revision Petitions are filed to set aside the common order dated 01.07.2025 in I.A.Nos.363, 354 and 355 of 2025 in O.S.No.108 of 2022 on the file of Principal District Judge, Mahabubnagar.

2. Heard learned counsel for the petitioner and Mr.Rohan Aloor, learned counsel for respondents.

3. The petitioner is the plaintiff and the respondents are the defendants in the above said suit which is filed for specific performance of Agreement of Sale dated 24.02.2020. The facts of the case in brief as stated are that petitioner had filed the above suit for Specific Performance of Agreement of Sale of the suit schedule property i.e., Ac.10-10 gts., in Sy.Nos.725 at Tadikonda Village Bhutpur Mandal, Mahabubnagar Division and District. The total sale consideration of the suit schedule property is Rs.4,51,00,000/- and as per the agreement of sale, petitioner has to pay 30% of sale consideration and the remaining within 75 days from the date of Agreement. The petitioner paid an amount of Rs.51,00,000/- through various cheques and remaining amount of Rs.83,30,000/- is yet to be paid by the petitioner. It is submitted that there is an High Tension Electric Line running between the suit schedule property which has to be removed or else the value of the suit schedule property would be comparatively reduced due to the said impediment. Thereafter, clause 3(h) was incorporated in the Agreement of Sale and the same was informed to one Mr.Hanumanth Rao i.e., father of respondent No.2, father-in-law of respondent No.3 and husband of respondent No.4 through Whatsapp, who played a major role in the entire dealings of the Agreement of Sale. The petitioner has not brought on record the said Whatsapp conversations before the trial Court. Learned counsel for the petitioner draws attention of this Court to the common order in I.A.Nos.363, 354 and 355 of 2025 which are filed to reopen, recall the evidence of PW.1 and receive the documents, and would submit that the trial Court ought to have considered the WhatsApp messages dated 23.12.2021, 13.03.2020, 24.10.2022, 27.11.2021, 31.12.2021 and 23.04.2022. Learned counsel submits that the said messages are crucial for the purpose of deciding the suit. However, the suit was filed in the year 2022 and that due to inadvertence, the petitioner has not pleaded the said communication and has not filed in the evidence, as such, the trial Court dismissed the said applications. The relevant portion of the common order is extracted for reference:

“4.Now the point for consideration is:

Whether the petitions filed under Section 151 of CPC under Order XVIII Rule 17 of CPC read wit Section 151 of CPC and under Order VII Rule 14(3) read with Section 151 of CPC can be allowed as prayed by the petitioner?

5. Heard both sides.

POINT:

6.These Petitions are filed to reopen the evidence of the plainff and to recall PW1 and to receive the documents i.e., print out messages of the WhatsApp.

7.Learned Counsel for the Petitioner/Plaintiff argued that the above conversations are very much relevant for the purpose of this case.

8. But the learned Counsel for the Respondents/Defendants argued that messages are no way helpful to the parties and those messages are not between the Plaintiff and Defendant, as such these Petitions are not maintainable at this belated stage.

9. During the cross examination, DW1 also stated that he does not know whether Defendant No.2's father sent messages to the Plaintiff or not. Moreover, nowhere in the plaint pleaded about the messages, as such without pleading the evidence cannot be permitted. Moreover, on careful perusal of the messages also, no purpose would be solved and the messages are not between the Plaintiff and Defendant. The evidence of Plaintiff and Defendant closed on 20-01-2025, thereafter 3rd adjournment, the Plaintiff came up with these petitions at this belated stage. Moreover, no pu