HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:3423 OF 2010 Dated: 12.11.2010 Between: 1. Kanna Meeraiah and others. ..Petitioners And Kanna Rama Krishan .. Respondent This Court made the following HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:3423 OF 2010 ORDER: This revision is directed against the order dated 5.7.2010 passed by the II Additional District Judge, Vijayawada, in I.A.No.2401 of 2010 in A.S.No.182 of 2009. The revision petitioners are the defendants in the suit. The respondent herein is the plaintiff. He filed the suit in O.S.No.898 of 2004 for partition and the said suit was dismissed and hence, he carried the matter in appeal. At this stage, the revision petitioners, who are defendants in the suit, filed the above I.A., under Section 139 of C.P.C., seeking to delete the extents covered by two registered gift deeds executed by the 1st petitioner in favour of petitioners 2 and 3 on the file of the Sub-Registrar, Ibrahimpatnam on 21.5.2004 under document Nos.2734/2004 and 2735/2004 in respect of 242 sq. yards each. The lower appellate Court having observed that the properties covered under the two registered deeds is the subject matter of the suit as well as the appeal and therefore, the petitioners could not seek for deletion dismissed the application. Aggrieved by the same, the present revision has been filed. Heard the learned Counsel and perused the material available on record. The material on record goes to show that the properties covered under the registered deeds is a part and parcel of the subject matter of the suit as well as the appeal. When the appeal is pending against partition of such properties, the deletion of the same that too at the appellate stage, leads to a separate cause of action and ultimately, the nature of the suit may be changed and it causes prejudice to the rights of either of the parties. The suit is for partition of the properties and if the appeal is allowed, all the schedule properties will be subjected for partition. Therefore, the interest of all the parties should be protected. In this view of the matter and in the interest of all the parties, I have no hesitation to hold that the order of the lower appellate Court does not suffer from any illegality or irregularity warranting interference by this Court. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. ________________________ Justice A. Gopal Reddy Date: 12 November, 2010 Nn. HONOURABLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No:3423 OF 2010 12.11.2010