IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.54 of 2010 Between: P.Panduranga Pillai ..... PETITIONER AND A.Doraswamy .....RESPONDENT The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH CIVIL REVISION PETITION No.54 of 2010 O R D E R: The petitioner is the defendant in the suit O.S.895/2007 filed by the respondent herein seeking recovery of amount of Rs.25,000/- with interest at 12% p.a. from the date of suit till the date of realization. The respondent/plaintiff filed the said suit alleging that the defendant offered to sell the suit schedule property to the plaintiff for a sum of Rs.93,000/- vide agreement of sale dated 04.05.2005 and also paid a sum of Rs.20,000/- as advance sale consideration to the defendant. Thereafter, an amount of Rs.5,000/- was paid on 02.11.2005. But having received the same, the dispute as to the passage and providing the way to reach the plot was not resolved and therefore, he is entitled for recovery of the said amount. On the other hand, the case of the petitioner/defendant is that there was no dispute with regard to the width of the road or the entrance and the respondent/plaintiff was not ready and willing to perform his part of the contract and therefore, the agreement of sale has been cancelled and the plaintiff is not entitled for refund of the amount as the said amount was already forfeited. The trial Court basing on the pleadings framed the following issues: 1. Whether the plaintiff is entitled to get the relief of suit claim based on the foot of alleged agreement of sale dated 04.05.2005? 2. To what relief? The said issues were framed on 08.02.2008. Thereafter the defendant filed an application in I.A.73/2009 under Or.14 Rule-5 of CPC seeking to frame as many as six additional issues. The application has been dismissed on the ground that the draft additional issues which are filed by the defendant are not necessary to decide the suit and all the said additional issues are covered by Issue No.1, which was already framed basing on the pleadings. However, all the said additional issues raised by the defendant can be argued at the time of arguments and the same shall be decided during course of arguments. The suit was filed only for recovery of amount under the agreement of sale and not for specific performance of contract. I am of the opinion that the plaintiff cannot succeed in the suit unless he establishes that he is entitled for refund of the advance sale consideration paid based on the agreement of sale dated 04.05.2005 and therefore, the Court below rightly dismissed the said application observing that all the said draft issues filed by the defendant are covered by Issue No.1 already framed. The Civil Revision Petition is accordingly dismissed. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 12.03.2010 Dsr