S. Anuradha vs Goluguri Lakshmi Narayana Reddy

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(AP) 261

B. S. BHANUMATHI
S. Anuradha – Appellant
Versus
Goluguri Lakshmi Narayana Reddy – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Udaya Sri Mallidi.
For the Respondent: Mangena Sree Rama Rao.

ORDER :

1. This civil revision petition, under Article 227 of the Constitution of India, is filed challenging the orders, dated 02.11.2022, dismissing I.A. No. 616 of 2020 in O.S. No. 363 of 1998 on the file of the Court of Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Tadepalligudem, filed under Section 26(2), (4) of the Specific Relief Act, 1963, and Order 2 Rule 2 CPC read with Rule 28 of the Civil Rules of Practice read with Section 151 CPC seeking the following prayer:

“For the reasons stated in the accompanying affidavit the petitioner No. 3/plaintiff No. 3 respectfully prays the Hon’ble Court may be pleased to permit the rectification of the instrument to cure the fraud or mistake so as to express the intention of the parties thereto only and to permit to amend the plaint for additional claim under the Specific Relief Act under Section 26(2), (4) in respect of wrong recitals at south boundary of defendant Nos.1 and 2’s title deed in Ex.A18 and also the recital of north boundary of petitioner’s title deed in Ex.A12 in Schedule-IV of property as there will not be any prejudice caused to the rights acquired by the parties thereto as there is no change in me