BHUJALA SRINIVASA REDDY Vs. MORA REDDY RISHEESHWAR REDDY

JUDGEMENT

(1.) This revision is filed challenging the order dated 16.04.2019 in I.A.No.58 of 2019 in O.S.No.13 of 2017 passed by the IX Additional District Judge, Wanaparthy, whereunder an application filed by the petitioner/defendant No.2 to receive original agreement of sale dated 22.01.2015 was dismissed.

(2.) The petitioner is the defendant No.2, respondent No.1 is the plaintiff and the respondent No.2 is the defendant No.1 in O.S.No.13 of 2017 on the file of the IX Additional District Judge, Wanaparthy. The suit is filed seeking relief of specific performance of agreement of sale dated 22.01.2015; for delivery of vacant possession of the suit schedule property; to declare sale deed dated 26.07.2017 executed by the defendant No.1 in favour of the defendant No.2 as null and void and not binding on the plaintiff. The defendant Nos.1 and 2 filed separate written statement. I.A.No.58 of 2019 was filed by the defendant No.2 to receive original agreement of sale dated 22.01.2015.

(3.) In the affidavit filed in support of the said application, it was stated by the defendant No.2/petitioner herein that the agreement of sale was misplaced and he traced out the same recently. Non-filing of the document is neither intentional nor deliberate but due to non-availability of the same.