SRIDEVAMMA Vs. KARDHAL SHIVARAJ

JUDGEMENT

(1.) This Civil Revision Petition is filed assailing the order, dated 12-08-2004, passed by the Court of Senior Civil Judge, Narayanpet, in I.A. No. 159 of 2003 in A.S. No. 9 of 2003.

(2.) The petitioner filed O.S. 31 of 1999 in the Court of Junior Civil Judge, Kodangal, for the relief of perpetual injunction, in respect of houses bearing Nos. 18-106 to 110 of Kosgi Village, Mahabubnagar District. The petitioner pleaded the necessary ingredients as to title and possession, in respect of all items of the suit schedule property. The respondents, on the other hand, pleaded their own independent title and possession. After trial, the suit was decreed insofar as it relates to house Nos. 18-106 to 109, but was dismissed in relation to house No. 18-110.

(3.) The petitioner filed A.S. No. 9 of 2003, aggrieved by the decree insofar as it denied part of the relief to her. She also filed I.A. No. 159 of 2003, under Order 41 Rule 27 C.P.C., seeking permission of the Court to file certain documents as additional evidence. These documents included the permission obtained by her father to construct the house bearing No. 18-110, certain tax receipts, and an order passed by the District Panchayat Officer restoring her name in the panchayat records, in relation to that property. The application was resisted by the respondents on the ground that the documents were very much with the petitioner when the trial of the suit was in progress, and that she cannot be permitted to file those documents at this stage. The lower Appellate Court dismissed the I.A. on recording a finding that sufficient cause, as required under Rule 27 of Order 41 C.P.C., was not shown by the petitioner.