Kolli Venkata Subba Rao v. Potla Hanumantha Rao (Died)

THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.1740 OF 2015 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the Order, dated 07.04.2015, in Interlocutory Application No.83 of 2015 in Original Suit No.150 of 2009 passed by the Junior Civil Judge, Piduguralla.

2. The aforesaid Interlocutory Application was filed under Order VI Rule 17 and Section 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') to amend the plaint schedule property with regard to the change of the boundary stating that in the schedule instead of mentioning western boundary as BC minor canal and path way, mistakenly shown as Potla Nageswara Rao and Shaik Saida Saheb's land. The said I.A., was dismissed on the ground that the application was filed at belated stage.

3. Learned counsel for the revision petitioner/plaintiff submits that as per the rough sketch filed on behalf of the plaintiff, the western boundary of the plaint schedule land is a canal and path way and therefore, there will not be any change in the plaint schedule property and hence, he prays to set aside the impugned order.

4. The suit is of the year, 2009 and at the stage of arguments, the present application was filed. The plaintiff can place reliance on the rough sketch filed by him if the defendants did not dispute the same. No due diligence has been shown for not filing the amendment petition prior to commencement of the trial. Therefore, there are no grounds to interfere with the impugned order. The revision is devoid of merit and the same is liable to be dismissed.

5. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this revision shall stand closed.

_______________________ JUSTICE K.C. BHANU Date:01.05.2015 INL