THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3729 of 2011 ORDER: The petitioner filed O.S.No.312 of 2003 in the Court of Principal Junior Civil Judge, Chirala against the respondent for the relief of perpetual injunction. The suit was decreed. The respondent filed A.S.No.16 of 2008 in the Court of Senior Civil Judge, Chirala. During the pendency of that appeal, the petitioner filed I.A.No.595 of 2010 under Rule 27 of Order 41 C.P.C. with a prayer to receive certain documents as additional evidence. The respondent opposed the application. The lower appellate Court passed an order, dated 08.08.2011, dismissing the I.A. Hence, this revision. Heard the learned counsel for the petitioner and the learned counsel for the respondent. The principal ground urged by the petitioner is that the lower appellate Court ought not to have taken the I.A. for hearing, before the appeal was heard. In other words, her contention is that the I.A. ought to have been dealt with along with the appeal. The question as to when an application filed under Rule 27 of Order 41 C.P.C. must be taken up was dealt with by the Hon’ble Supreme Court in State of Rajasthan vs. T.N.Sahani[1]. Their Lordships directed that such application must be dealt with only while hearing the appeals. The said ratio was followed by this Court in Kotha Sathyamma vs. Irukula Praveen Kumar[2]. Admittedly, A.S.No.16 of 1998 is still pending and the lower appellate Court expressed its view on the admissibility or otherwise of the documents sought to be relied upon by the petitioner. Therefore, the Civil Revision Petition is allowed and the order under revision is set aside. It is directed that the lower appellate Court shall take up I.A.No.595 of 2010, while hearing the appeal finally. There shall be no order as to costs. _____________________ (L.NARASIMHA REDDY, J) Date: 28.11.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3729 of 2011 Date: 28.11.2011 JSU [1] 2001 (10) SCC 619 [2] 2005(5) ALT 13