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NYAPATHY VIJAY
B Narsimhappa – Appellant
Versus
K Narayanappa – Respondent
JUDGMENT
1. The present Civil Revision Petition is filed questioning the order dtd. 26/7/2016 in C.M.A.No.6 of 2015 passed by the Additional District Judge, Hindupur.
2. The petitioners are the defendants and respondent herein is the sole plaintiff. Originally, O.S.No.123 of 2000 was filed for declaration of title and possession with regard to suit schedule property. The case of the plaintiff was that Kotnuru Lingappa, Kotnuru Nadipi Rangappa and Kotnuru Chinna Rangappa were brothers. Kotnuru Lingappa had a son by name Narasimhappa and the plaintiff and his brother Lingappa are sons of Narasimhappa. Nadipi Rangappa had one son by name Guddamappa, who died leaving behind his wife Aswarthamma and his sons Gopalappa and Rangappa. China Rangappa had two wives Obulamma and a teacher Adilakshmamma. The petition schedule property was a self-acquired property of the teacher Adilakshmamma, who died intestate on 24/7/1985. On her death, the property devolved on the heirs of her husband.
3. The Defendant No.1 filed O.S.No.431 of 1985 before District Munsifs Court, Hindupur for permanent injunction against plaintiff and others and was granted temporary injunction in I.A.No.1271 of 1985 on 9/8/1
The power of remand by the appellate court should be for exceptional reasons and only after recording reasons for its inability to render judgment on merits.
Plaint rejection under Order VI Rule 11 CPC justified if prior partition decree bars suit, constituting abuse of process.
THE APPELLATE COURT SHOULD NOT REMAND A CASE MERELY BECAUSE IT CONSIDERED THAT THE REASONING OF THE LOWER COURT IN SOME RESPECTS WAS WRONG.
Post-trial amendments to pleadings are generally not favored by courts and may be rejected if they are barred by limitation, would cause prejudice to the opposite party, change the nature of the suit....
The court affirmed that previous judgments preclude new claims conflicting with established decrees, emphasizing the importance of adherence to procedural rules regarding amendments and the limitatio....
A decree based on admissions under Order 12 Rule 6 CPC can only be granted where admissions are clear and unequivocal; contentious issues of title and possession necessitate thorough evidence and fra....
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