HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION No.6011 of 2010 Date: July 28, 2011 Between: Simran Sultana … Petitioner And 1. Chintakunta Prakash & another. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION No.6011 of 2010 O R D E R: The plaintiff in the suit O.S. No.1 of 2006 on the file of the learned Senior Civil Judge at Medak filed I.A. No.384 of 2010 therein asking the trial Court to frame a preliminary issue as to whether the suit land was assigned land or a patta land. By order dated 21.10.2010, the trial Court dismissed the said application. Hence, this civil revision petition. 2. This Court, by order dated 30.12.2011, granted interim stay of all further proceedings in the suit for a period of six weeks. Though there was no extension of the interim stay thereafter, it is stated that the trial Court has not continued with the suit proceedings. 3. The suit was for specific performance of an agreement of sale alleged to have been executed by the defendants. The plea of the defendants in their written statement was that the suit property was assigned to their forefathers, in addition to a denial of the very execution of the suit agreement of sale. The order under revision reflects that the trial Court, while framing four issues, did not frame any issue as to the nature of the suit land, i.e., as to whether it is an assigned land or a patta land. The trial Court was of the opinion that the petitioner/plaintiff, having kept quiet for several years, could not be permitted to raise a preliminary issue at that late stage and accordingly dismissed the I.A. 4. Though the trial Court was correct in holding that the petitioner/plaintiff was not at liberty to seek to raise a preliminary issue whenever she chooses, the fact remains that no issue was framed as to the nature of the suit land. Once the defendants in the suit took the plea that the suit land was an assigned land, the trial Court ought to have framed an issue on this aspect. The failure to do so would prejudice the rights of the parties. 5. The Civil Revision Petition is accordingly disposed of directing the learned Senior Civil Judge, Medak, to frame an additional issue in O.S. No.1 of 2006 as to the nature of the suit land i.e., as to whether it is an assigned land or a patta land. There shall be no order as to costs. ____________________ SANJAY KUMAR, J Date: July 28, 2011. BSB