TADISHETTY PADMA RAO Vs. TADI SHETTY JAIHIND

JUDGEMENT

(1.) This Civil Revision Petition is filed against order dated 12-9-2011 in I.A. No. 745/2011 in O.S. No. 176/2007 on the file of the learned XIII Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad. Respondent Nos.1 to 7 filed the above mentioned suit for partition. The petitioners, who are defendant Nos.1 and 2 in the said suit, filed I.A. No. 745/2011 under Order XIV Rule 5 r/w. Section 151 of the Code of Civil Procedure, 1908 (for short "the Code") requesting the lower Court to frame the following additional issues:

(2.) However, this application was dismissed by the lower Court by order dated 12-9-2011. Feeling aggrieved thereby, the petitioners filed the present Civil Revision Petition.

(3.) The lower Court dismissed the application accepting the plea of respondent Nos.1 to 7/plaintiffs that they are in constructive possession of the suit schedule property and that therefore the Court fee paid by them under Section 34(2) of the A.P. Court Fees and Suits Valuation Act, 1956, (for short "the Act"), is correct. The lower Court has also accepted the plea of respondent Nos.1 to 7/plaintiffs that the subject matter of O.S. No. 384/2006 is different from the one in the present suit.