P. RANGA REDDY Vs. P. SNEHALATHA REDDY

JUDGEMENT

(1.) The revision petitioner/2nd plaintiff has filed this Civil Revision Petition under Article 227 of the Constitution of India assailing the order dtd. 4/2/2020 in IA No. 169 of 2020 in OS No.377 of 2013 passed by the III Additional Chief Judge, City Civil Court, Hyderabad.

(2.) The petitioners/plaintiffs have filed IA No. 169 of 2020 under Order XVIII, Rule-1 CPC to direct the respondent/defendant to commence the trial in OS No. 19 of 2017. The learned III Additional Chief Judge, City Civil Court, Hyderabad, after studied examination of the rival contentions opined that the petitioners cannot take the ground of proceeding the case by the defendants by commencing the trial, leading their evidence, since the suit filed by them is for recovery of possession and trial already commenced. Accordingly, directed the petitioners/ plaintiffs to proceed with the trial in OS No.377 of 2013 till they discharged their initial burden cast upon them u/s.101 of the Indian Evidence Act in proving their case in OS No.377 of 2013. Accordingly, the petition was partly allowed.

(3.) Being aggrieved by the said order, one of the plaintiffs i.e., plaintiff No.2, has filed the present civil revision petition on the following grounds: