ATHOTA CHINNABBAI Vs. SURISETTY VENKATA RAMANA

JUDGEMENT

(1.) Heard Sri Y.Sudhakar, learned counsel for the petitioners and perused the material on record.

(2.) The petitioners are the defendants in O.S.No.256 of 2018. The suit was filed by the respondent/plaintiff. It was decreed. The petitioners filed A.S.No.39 of 2023, which is pending before the learned Court of Principal Civil Judge (Senior Division), Gajuwaka. In the appeal, the petitioners filed I.A.No.290 of 2024 under Order 41 Rule 27 of the Code of Civil Procedure (in short 'C.P.C') for additional evidence. The respondents opposed the application.

(3.) By the order under challenge dtd. 8/11/2024, the learned Principal Civil Judge (Senior Division), directed to submit the arguments along with the main appeal simultaneously. The learned Court placed reliance in Uggumudi Chandra Reddy v. Palaganti Krishna Reddy (CR.P.No.5773 of 2016) decided on 11/8/2022, for the proposition that an application under Order 41 Rule 27 C.P.C. to receive additional evidence has to be dealt along with the appeal, but not independently, by following the procedure laid down under law.