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2006 Supreme(AP) 145

P.S.NARAYANA
Boppidi Ailaiah – Appellant
Versus
S. Venkatanarasaiah – Respondent


( 1 ) HEARD both the Counsel at length.

( 2 ) THE relevant portion of the impugned order reads as hereunder :"as already discussed that this is a suit for permanent injunction and the petitioner who filed the suit with specific boundaries are different from the suit document i. e. , the registered sale deed. Now the petitioner pleads that due to ignorance he has mistakenly mentioned the boundaries. When the petitioner-plaintiff is not aware of the boundaries to his own land for which he filed a suit for permanent injunction and when he wants to change the boundaries to the suit land the reliefs sought by the petitioner-plaintiff for which he filed a suit will be completely changed if the boundaries are changed by virtue of the proposed amendment. Though the nature of the suit is not changed the reliefs of permanent injunction sought by the petitioner-plaintiff for specified land with specific boundaries, if the boundaries are allowed to be changed, will be for a different land, with the proposed boundaries. In the said circumstances, the petitioner is not entitled to seek for the proposed amendment. Accordingly, the petition is dismissed.

( 3 ) SRI Raghuveera Reddy, the learned Cou




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