POLLEPU POLESWRI Vs. TAMMISETTY NAGESWARA RAO

JUDGEMENT

(1.) This revision presents an occasion to deal with certain important aspects of Rule 89 of Order XXI of the Code of Civil Procedure, 1908 (C.P.C).

(2.) The facts that gave rise to the filing of this revision are:

(3.) The petitioner filed E.A.No.54 of 2007 under Rule 58 of Order XXI C.P.C., stating that Item No. 2 of the E.P. Schedule property was purchased by her father under an agreement of sale dated 15.09.1986, from the previous owner and that he filed O.S.No.169 of 2001, in the same Court for the relief of specific performance of the agreement. She further pleaded that the dispute in the suit was settled by the Lok Adalat, balance of consideration was paid on 12.12.2003, and that rights of ownership were conferred upon her father. The property was said to have been settled upon her, through a written document. With these and other relevant pleadings, she claimed the relief provided for under the Rule. That application was not pursued, obviously because the sale has taken place.