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2022 Supreme(AP) 500

BANDARU SYAMSUNDER
Kappala Seshaiah – Appellant
Versus
Rajahmandry Srinu – Respondent


Advocates Appeared:
For the Appellant : M. Laxminarasimham.
For the Respondent: K.V. Vijaya Kumar.

ORDER :

1. This Civil Revision Petition is filed by the petitioners/plaintiffs under Article 227 of the Constitution of India against the orders passed by learned XII Additional District Judge, Guntur, in I.A.No.342 of 2016 in O.S.No.296 of 2012 dated 13.12.2016, wherein and whereby the learned trial Judge dismissed the petition filed by the petitioners/plaintiffs under Order VI Rule 17 of Civil Procedure Code (in short „CPC?) seeking amendment of plaint on the ground that the petition is filed after commencement of trial.

2. The case of the petitioners/plaintiffs before the trial Court in brief is that they filed suit for declaration and recovery of possession basing on registered agreement of sale – cum – General Power of Attorney dated 03.12.2020 against the respondent. They submit that they have clearly mentioned in the plaint that “the defendant having received the Court notice and without obtaining prior permission of the Hon’ble Court and while the matter was pending litigation, illegally encroached upon the suit schedule property and contiguous property pertaining to the 1st plaintiff to an extent of 201 sq. yards., and raised temporary sheds.” It is also the contention of th

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