K ANITHA Vs. G SUBBAIAH

JUDGEMENT

(1.) THE petitioner filed O. S. No. 1533 of 1996 in the Court of II Senior civil Judge, City Civil Court, Hyderabad, against the respondent, for the relief of specific performance of an agreement of sale. The suit was decreed ex parte, on 3. 3. 1997. E. P. No. 65 of 1997 was filed and the decree was executed.

(2.) THE respondent filed I. A. No. 577 of 2007 under Order IX Rule 13 CPC with a prayer to set aside the ex parte decree. He has also filed I. A. No. 873 of 2007 under sections 195 and 340 Cr. P. C read with section 151 CPC, with a prayer to prosecute the petitioner, her father, by name, K. Rangaiah and the subsequent purchasers by names, A. N. V. Gopal and A. K. Rama devi. He pleaded that the petitioner and her father have brought into existence, or fabricated, the agreement of sale by misusing certain signed papers and thereby, committed the offence, mentioned in Section 195 cr. P. C.

(3.) IT appears that I. A. Nos. 873 and 577 of 2007 were being heard together. At the instance of the respondent, the trial court passed an order, dated 25. 11. 2008, directing that the preliminary enquiry in i. A. No. 873 of 2007 would be taken up separately. The petitioner feels aggrieved by the said order.