THE HON’BLE SRI JUSTICE T. VINOD KUMAR CIVIL REVISION PETITION No. 1041 of 2024

ORDER

The present Civil Revision Petition is preferred against the order dated 27.02.2024 in I.A.No.219 of 2024 in O.S. No. 125 of 2022 passed by the II Additional District & Session’s Judge, Medchal-Malkajgiri District at Medchal.

2. The revision petitioner herein is the defendant No.2 to 5 in the suit filed for partition and separate possession. The respondent No.1 herein is plaintiff in the suit.

3. The suit was originally instituted in the year 2008. At the stage of further evidence of the petitioners/defendant No.2 to 5, the petitioners have filed an underlying application vide I.A. No. 219 of 2024 in O.S. No. 125 of 2022 seeking to receive the documents as per list on record while condoning delay, under Order VIII Rule

1-A(3) of the Code of Civil Procedure, 1908 (for short ‘CPC’).

4. The trial Court dismissed the underlying interlocutory application, holding that since the questioned document i.e. agreement dated 02.12.1985 was already available in the record, thus, the question of misplacing and tracing out is found to be false; that alleged document being an agreement needs to be exhibited in a suit