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2019 Supreme(Ori) 186

A.K.RATH
Radha Behera – Appellant
Versus
Jamula Venkata Rammana – Respondent


Advocates Appeared:
Deepali Mohapatra, Adv., S.S. Rao, Adv., P.V. Balakrishna, Adv.

JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 20.04.2018 passed by the Civil Judge (Jr. Divn.), Berhampur in C.S. No.224 of 2012, whereby and whereunder the trial court rejected the application of the defendant nos.5 and 6, petitioners herein, under Order 6 Rule 17 C.P.C. for amendment of written statement.

2. Plaintiff-Opposite party no.1 instituted the suit for declaration of title and permanent injunction impleading opposite party nos.2 to 7 and petitioners as defendants. The case of the plaintiff was that the suit property originally belonged to one C. Annapoornamma. She sold the land to Pakala Gopal Rao by means of a registered sale deed no.1396/1913. Thereafter, Pakala Gopal Rao sold the land to Nyapati Venkata Subhadramma on 16.09.1917. Nyapati Venkata Subhadramma sold Ac.1.25 dec. of land to the trustee of Sri Venkateswara Mahaprabhu by means of a registered sale deed dated 03.02.1922. Nyapati Venkata Subhadramma died on 15.05.1947. After her death, the deity is in possession of the land. On 27.09.1947, the Commissioner of Endowments accorded permission to the trustees of the deity to lease out the land. The trustees of the deity had leased out the land to

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