BAIKADI NARSIMULU Vs. MAMINDLA MANEMMA

JUDGEMENT

(1.) Challenge in this Civil Revision Petition is to the order dated 19.02.2021 made in I.A.No.12 of 2021 in I.A.No.413 of 2017 in O.S.No.12 of 2017 on the file of the Court of the IV Additional District Judge (FTC), Siddipet, wherein and whereby the trial Court dismissed the petition filed by the petitioners under Order 8 Rule 1 A (3) r/w Section 151 CPC to condone the delay in filing the documents and to receive the same.

(2.) The facts of the case, in nutshell, are that the respondent filed the above suit for a preliminary decree and final decree for partition and separate possession of the suit schedule properties into thirty six shares by appointing a Commissioner and allot seven shares to her. In the said suit the petitioners herein filed their written statement stating that there are four civil suits viz., O.S.Nos.82, 83, 84 and 85 of 2004, pending before the Court of the Senior Civil Judge, Siddipet for declaration of title in respect of the suit schedule properties and that they are parties to the said suit. They further stated that they filed documents in the said suits and that the documents are necessary for proper adjudication. Hence the petition.

(3.) The respondent filed her counter contending that the suit was filed in the year 2017 and the petitioners filed their written statement on 24.01.2018 and that the petitioners ought to have filed the documents along with their written statement. The petitioners did not file the documents along with the subject documents along with the written statement or with counter in I.A.No.413 of 2017, therefore, the documents now filed by the petitioners cannot be received as no proper reasons were assigned for non-filing of the documents along with the written statement. Hence prayed to dismiss the petition.