PINGILI PRASAD RAO Vs. PINGILI VIDYA SANKAR GOKUL

JUDGEMENT

(1.) Heard Sri Mantri Rama Rao, learned counsel for the petitioners. Perused the record.

(2.) Challenging the docket order dtd. 13/6/2022 in I.A.No.112 of 2022 in O.S.No.99 of 2010 passed by the learned Senior Civil Judge at Mahbubabad, this Civil Revision Petition is filed under Article - 227 of Constitution of India.

(3.) The dates play an important role in this case. The respondents herein - plaintiff Nos.1 to 4 have filed a suit vide O.S.No.99 of 2010 for declaration, recovery of possession and for mesne profits. The petitioners - defendants have filed written statement way back in the year 2011 itself. The Court below had framed issues on 2/9/2014. According to the revision petitioners, the Court below has not framed proper issue with regard to res judicata. In spite of specific plea in the written statement, no issue on the point of res judicata was framed. Therefore, the petitioners have filed a petition vide I.A.No.112 of 2022 in O.S.No.99 of 2010 to frame an additional issue with regard to res judicata. Vide impugned order dtd. 13/6/2022, the Court below dismissed the said application. Aggrieved by the same, the present revision is filed.