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KIRANMAYEE MANDAVA
Shaheda Mehdi – Appellant
Versus
Zia Mehdi – Respondent
ORDER :
Kiranmayee Mandava, J.
The present Civil Revision Petition is filed under Article 227 of the Constitution of India, aggrieved by the order dated 07.11.2019 in I.A.No.125 of 2019 in O.S. No.199 of 2007, on the file of the Special Sessions Judge for Trial of Cases under S.C.s & S.T.s (POA) Act-cum-XI Additional District & Sessions Judge, Visakhapatnam.
2. The parties hereto are referred to as they were arrayed in the Suit.
3. The petitioners/plaintiffs, filed suit for a declaration that the gift deed dated 10.10.2013 executed by the first defendant in favour of the second defendant is void and non-est in law. It is contended that the 1st defendant gifted the subject property in favour of the plaintiffs in the ratio of 60:20:20, as per Muslim law, in the presence of the Chartered Accountant. The plaintiffs accepted the gift, and the Chartered Accountant, Sri C.R. Hemanth Kumar, also executed a notarized affidavit. The 1st defendant confirmed the same through her letter dated 07.06.2002 addressed to the plaintiffs. It is stated that subsequently, while effecting the settlement of properties belonging to the families of the 1st defendant, the plaintiffs came to know about a register
Amendments to pleadings are permissible under Order VI Rule 17 of the CPC if they do not change the nature of the suit and are necessary for justice, even if filed after a delay.
The court established that amendments to pleadings are permissible to ensure justice and effective adjudication, provided they do not introduce time-barred claims or fundamentally change the nature o....
The court emphasized strict adherence to limitation periods for amendments in civil suits and the necessity of including all consequential amendments as per procedural rules.
Amendment of plaint – All amendments which are necessary for determination of real question in controversy between parties are required to be allowed, unless proposed amendment has propensity to caus....
The main legal point established is that Section 47 of the Registration Act applies to a registrable document, such as a deed of gift, and the effect of such document relates back to the date of its ....
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
The unilateral cancellation of the settlement deed by the parents is illegal and without jurisdiction. The cancellation of settlement deed by the parents is non-est in law. The suit filed in the year....
To strike off the suit - where the suit itself is an abuse of the process of the Court, the same can be struck off exercising the supervisory jurisdiction of this Court - when the subsequent suit was....
Gift deed - Rejected the plaint - Limitation - Suit is barred by limitation in view of pleadings of appellant that he came to know about gift deeds only two days prior to filing of suit as such issue....
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