VENKATA SUBBAMMA Vs. PRANESHACHARI

JUDGEMENT

(1.) This revision is directed against the order dated 9.4.2003 passed in I.A. No. 2 of 2003 in O.S. No. 98 of 1997 on the file of the Additional Junior Civil Judge, Adoni dismissing the application filed under Order 14 Rule 5 of C.P.C. seeking framing of an additional issue with regard to adverse possession in respect of suit schedule property.

(2.) For convenience sake, the parties are being referred to as arrayed in the suit. The plaintiff filed the suit for perpetual injunction. The defendant filed written statement contending inter alia that he has been in possession and perfected the title by adverse possession. This aspect also is not in dispute. Evidence had been adduced by both sides. Written arguments have also been submitted to the court. At that stage, on the ground that the revision is pending, the matter is being adjourned from time to time.

(3.) The only point that falls for consideration is as to whether an additional issue can be framed in a suit for permanent injunction particularly at a stage where the suit has been coming up for arguments.