BODDULA RAJESHAM Vs. MAHMOODA BEGUM

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 8-9-2006 in I.A.No. 1142 of 2006 in O.S.No.56 of 2000 on the file of the Court of the Senior Civil Judge at Karimnagar.

(2.) The Revision petitioner is the defendant in the suit which is filed by the respondents herein for declaration of title and perpetual injunction in respect of the suit schedule property. The suit was contested by the defendant/Revision petitioner claiming that the suit property forms part of 585 sq.yards of land in Sy. No. 1347/C purchased by him under a Registered Sale Deed dated 18-11-1976 and that he has been in possession and enjoyment of the same. While the trial was under progress, the defendant/Revision petitioner filed a counter-claim on 21-11 -2005 alleging that pending the suit the plaintiff had forcibly occupied the suit schedule property. Thus, he made a counter-claim for recovery of the possession of the property in question. The said counter-claim was dismissed by the Court below. Though the defendant/Revision petitioner preferred CRP. No. 1439 of 2006, the same was dismissed by this Court on the ground that the counter-claim was made much after filing of the written statement without seeking leave of the Court as required under law.

(3.) In the circumstances, the defendant/Revision petitioner filed a fresh suit being O.S. No. 147 of 2006 in the Court of Senior Civil Judge, Karimnagar for recovery of possession of the property which is the subject-matter of O.S.No.56 of 2000. In the meanwhile, the evidence in O.S. No. 56 of 2000 was completed and while the matter was coming up for hearing, the petitioner herein (defendant therein) filed I.A.No. 1142 of 2006 under Section 151 of C.P.C. with a prayer to club both the suits i.e., O.S. No. 147 of 2006 and O.S.No.56 of 2000 for common trial. The said application was dismissed by the Court below by order dated 8-9-2006 which is under challenge in this Revision Petition.