Civil Revision Petition No. 4515 of 2011 · High Court · 2012

The present revision petition is preferred by the petitioner challenging the order dated 24.08.2011 in I.A.No.100 of 2011 in A.S.No.100 of 2009 passed by the learned II Additional District Judge (Fast Track Court) at Mahabubnagar.

The brief facts of the case are that the petitioner herein

preferred a suit before the trial Court for declaration seeking to declare that he is entitled for half share of the schedule property along with first respondent herein. The said suit was dismissed by the trial Court, against which, he preferred an appeal. While pendency of the appeal, the petitioner preferred the impugned petition invoking the provision under Order 41 Rule 27 sub rule (1) of C.P.C, for receiving of a document dated 10.06.1996 as additional evidence.

Heard both sides and perused the records.

According to the petitioner, the said document is a settlement deed entered between himself and the first defendant according to which he is entitled for half share in the property. The learned Appellate Judge dismissed the application of the petitioner on the ground that regarding the possession of the alleged Settlement Deed the petitioner herein has taken two different stands before the trial Court and the appellate Court. The learned Judge further observed that the alleged document cannot be received at that stage since the petitioner herein has not explained satisfactorily the reason for non- production of the alleged deed before the trial Court in spite of availing sufficient opportunity by way of filing I.A.No.155 of 2005 before the trial Court. As such, this Court is of the considered view that the findings of the learned appellate Judge need no interference of this Court.

Hence, the Civil Revision Petition is devoid of merits and the same is accordingly dismissed. No costs. 23rd January 2012, Rns. _____________________ JUSTICE RAJA ELANGO