PILLI YADAIAH Vs. PILLI KOMRAIAH

JUDGEMENT

(1.) This civil revision petition is directed against the order, dated 22.11.2012, passed in IA No. 337 of 2012 in OS No. 2209 of 2009 on the file of III Additional Junior Civil Judge, Ranga Reddy District at L.B. Nagar, whereby and whereunder the learned Additional Junior Civil Judge dismissed the petition filed under Order 26, Rule 9 CPC. Notice before admission came to be ordered on 22.3.2013. Despite service of notice, the respondents did not choose to enter appearance either in person or through a Counsel.

(2.) Heard learned Counsel appearing for the petitioners and perused the order impugned in the revision petition.

(3.) It is contended by the learned Counsel appearing for the petitioners that the trial Court misread the relief sought for in IA No. 337 of 2012 and thereby erred in dismissing the same. A further contention has been advanced that the purpose of filing IA No. 337 of 2012 is to note the physical features existing in the suit land to avoid voluminous oral evidence. However, the learned Additional Junior Civil Judge proceeded to dismiss the petition on the ground that the petition has been moved by the petitioner to gather evidence.