PATAN NOORUN BI Vs. PANDLA CHINNA PULLAIAH

JUDGEMENT

(1.) Questioning the order passed by the Principal Junior Civil Judge, Proddatur in I.A.No. 821 of 1999 in O.S.No. 156 of 1995 wherein the Court below rejected the application filed by the petitioner under Sec. 151 of the Code of Civil Procedure to club O.S. 156/95 and O.S. 239/98 and to treat the evidence given by her in O.S. 156/95 as evidence in the other suit, the present revision petition is filed.

(2.) Heard the learned Counsel for the respondent.

(3.) From the pleadings it is seen that initially one Pandla Chinna Pullaiah filed O.S. 156/95 against the petitioner herein seeking the relief of title to the land ABCD and CDEF and for grant of mandatory injunction directing the petitioner (defendant therein) to remove constructions and encroachment made in CDEF portion of the land and sought for permanent injunction restraining the defendant and her men from interfering with the possession of the plaintiff. It is also the case of the petitioner herein that she initially filed a suit for the same relief against Pandla Chinna Pullaiah, respondent herein who is the plaintiff in the other suit. But for technical reasons she withdrew the same and filed another suit O.S.No. 239/98 by including the Government also as party defendant claiming the same relief not only against the Pandla Chinna Pullaiah but also against the Government.