HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO C.R.P.No.6115 OF 2009 Dated 19-3-2010 Between: Vishwambar Rao Mahashettywar and another. …. Petitioners. And: Tum Chinnanna. ….Respondent. HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO C.R.P.No.6115 OF 2009 ORDER: This Revision is directed against the order dated 30- 11-2009 passed in I.A.No.976 of 2009 in O.S.No.14 of 2007, filed by the defendants seeking an additional issue to be framed in terms of order XIV Rule 5, Code of Civil Procedure. The said I.A. has been resisted by the plaintiff. The additional issue that was sought to be framed and tried reads as under: “Whether the Civil Court has got jurisdiction to try the suit?” The Civil suit has been instituted specifically seeking a declaration of title of the plaintiff followed by delivery of possession. The case as set up by the plaintiff was that he was the owner and possessor of the land of an extent of Ac.1.14 Guntas, which was sought to be encroached upon by the defendants. Now the issue that is sought to be framed additionally touches upon the very jurisdiction of the Civil Court to try the suit. By a well considered order, the I Additional District Judge, Adilabad has dismissed the said I.A. When the plaint as a whole was read, it is apparent that the plaintiff’s claim is not rested upon the fact that the defendant has grabbed the land. On the other hand, the defendants specifically pleaded that the suit land itself has been sold in their favour and hence, they are rightful owners of the suit land. In these circumstances, no exception need be taken to the order passed by the learned Judge. Accordingly, the C.R.P. is dismissed. No costs. It is however, needless to mention that no observations made or found while deciding I.A.No.976 of 2009 will have any bearing whatsoever on any of the issues that are set for trial and decision in the suit. The suit will be decided entirely on its own merits. ______________________________________ Justice NOOTY RAMAMOHANA RAO Dated 19-3-2010. Dvs HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO C.R.P. No. 6115 OF 2009 Dated 19-3-2010