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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
G.RAMAKRISHNA PRASAD
Kuppannagari Sukumar, S/o Late Sreeramamurthy – Appellant
Versus
Kuppannagari Jagan Mohana Rao, S/o Late Sudarsan Patro – Respondent
ORDER :
G. RAMAKRISHNA PRASAD, J.
Heard Ms. T.V. Sridevi, learned Counsel for the Civil Revision Petitioners and Sri S. Srinivasa Rao, learned Counsel appearing for the Respondents.
2. The present Civil Revision Petition is filed challenging the Order passed in I.A.No.96 of 2024 in O.S.No.28 of 2018. The said Suit was filed for cancellation of the Registered Sale Deed dated 21.11.2014 executed by Defendant No.1 in favour of Defendant No.2.
3. It is also submitted that during the pendency of the Suit, Defendant No.2 further alienated the property in bits and pieces to Defendant Nos.3 to 8. It is submitted that the Trial has not commenced. The Plaintiff filed Interlocutory Application No.96 of 2024 seeking the consequential relief of recovery of possession. Vide Order dated 29.07.2025, the Civil Judge (Senior Division), Rajam dismissed the Interlocutory Application, stating that the Plaintiff is required to file a Statutory Suit for recovery of possession of the Plaint Schedule Property because the cancellation of the document alters the nature of the Suit for the recovery of possession. The reasoning given by the learned Judge is usefully extracted hereunder:
(d) Here, the petitioner rev
The main legal point established in the judgment is that the court may allow an amendment if it is imperative for proper adjudication of the case, and to avoid injustice and multiplicity of litigatio....
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
Amendments to pleadings must not alter the nature of the suit and must be sought with due diligence, particularly before trial commencement; claims based on adverse possession are limited to a 12-yea....
The court emphasized the importance of doing substantial justice, the need for due diligence in seeking amendments after the commencement of the trial, and the limited jurisdiction of the court in al....
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