KUPPANNAGARI SUJUMAR Vs. KUPPANNAGARI JAGAN MOHAN RAO

JUDGEMENT

(1.) Heard Ms. T.V. Sridevi, learned Counsel for the Civil Revision Petitioners and Sri S. Srinivasa Rao, learned Counsel appearing for the Respondents.

(2.) The present Civil Revision Petition is filed challenging the Order passed in I.A.No.96 of 2024 in O.S.No.28 of 2018. The said Suit was filed for cancellation of the Registered Sale Deed dtd. 21/11/2014 executed by Defendant No.1 in favour of Defendant No.2.

(3.) It is also submitted that during the pendency of the Suit, Defendant No.2 further alienated the property in bits and pieces to Defendant Nos.3 to 8. It is submitted that the Trial has not commenced. The Plaintiff filed Interlocutory Application No.96 of 2024 seeking the consequential relief of recovery of possession. Vide Order dtd. 29/7/2025, the Civil Judge (Senior Division), Rajam dismissed the Interlocutory Application, stating that the Plaintiff is required to file a Statutory Suit for recovery of possession of the Plaint Schedule Property because the cancellation of the document alters the nature of the Suit for the recovery of possession. The reasoning given by the learned Judge is usefully extracted hereunder: