THE HON’BLE Ms. JUSTICE G. ROHINI Civil Revision Petition No. 5938 of 2009 Dated: 21.04.2010 Between: A.Shivakumar Goud … Petitioner And A.Mallikarjuna Goud and 2 others. … Respondents THE HON'BLE Ms. JUSTICE G.ROHINI Civil Revision Petition No. 5938 of 2009 O R D E R : This revision petition is directed against the order dated 03.12.2009 in I.A.No.900 of 2009 in O.S.No.300 of 2007 on the file of the Court of the Additional Senior Civil Judge, Ananthapur. The revision petitioner is the 1st defendant in the suit, which is filed by the 1st respondent herein for partition of the suit schedule properties. The defendant filed written statement contesting the suit claim. When the suit was coming up for evidence, the revision petitioner/1st defendant filed I.A.No.900 of 2009 with a prayer to frame an additional issue “Whether the plaint schedule properties are ancestral properties or not?”. The said application was dismissed by the Court below. Aggrieved by the same, the present revision petition is filed. Having heard the learned counsel for both the parties and having perused the material available on record particularly, the plaint and written statement filed in the suit, I do not find any justifiable reason to hold that the order under revision suffered from any legal error warranting interference by this Court. The Court below on appreciation of the pleadings available on record held that the issues already framed are sufficient to decide the suit and there is no need to frame an additional issue as prayed for. The said discretion exercised by the Court below on proper application of mind to the facts and circumstances of the case warrants no interference and accordingly, the Civil Revision Petition is dismissed. No costs. ____________ G. ROHINI, J Date: 21.04.2010 KLP