Hamid Hussain v. Sambeta Soma Sekhar

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO Civil Revision Petition No.2949 of 2017 ORDER:

Heard learned counsel for petitioner and this CRP is disposed of at the admission stage without necessity of ordering notice to the respondent. 2) The CRP is filed by the petitioner/plaintiff aggrieved by the order dated 08.03.2016 in I.A.No.278 of 2015 in O.S.No.94 of 2003 on the file of Additional Senior Civil Judge, Kadapa whereby and whereunder the learned Judge declined to frame an additional issue touching granting of compensation or damages or mesne profits to the petitioner. The said petition was dismissed on the main observation that petitioner has not claimed any relief for granting compensation or damages or mesne profits in the suit and therefore framing the said additional issue does not arise.

3) While hearing the matter, learned counsel for petitioner would submit that petitioner would take steps to file petition to make an amendment to the plaint adding the said relief. In that view of the matter, while granting liberty to file such petition, in which case trial Court shall dispose of the said petition on merits, this CRP is disposed of accordingly. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_________________________ U. DURGA PRASAD RAO, J Date: 28.07.2017 Murthy