ORDER :

This Civil Revision Petition is filed by the petitioner against the Order, dated

15.06.2023 passed in I.A.No.127 of 2023 in O.S No.76 of 2018 on the file of the Senior Civil Judge, Penukonda (for short “the trial Court”).

2. The present impugned I.A.No.127 of 2023 in O.S No.76 of 2018 was filed by the petitioner under Order 6 Rule 16 read with Section 151 CPC seeking to order to delete item No.14 property from the plaint schedule property i.e., petition schedule property and enable him to get the compensation amount in the interest of justice.

3. Brief facts of the case are that the M.R.O., Penukonda granted assignments patta in favour of the petitioner in DAR.Dis.No.96/1408 dated 16.04.1999 of land to an extent of Ac 2.85 cents in S.No.132-2 of Yerramanchi village fields i.e., item NO.14 of schedule property and since the date of assignment petitioner has been in possession of the same. The plaintiff/1st respondent obtained pattadar passbook for the above said property by misrepresenting the facts to the revenue authorities, aggrieving the same the petitioner filed revision petition before the Joint Collector, Ananthapuram and it was ordered to cancel the said passbook and delete the name of the plaintiff in 1B and record the name of the petitioner in records of Rights vide order D.Ds.No.6014/2017/D4 dated 30.04.2018. the property to an extent of Ac 2.13 cents out of Ac 2.85 cents in S.No.132-2 acquired by the Government for the purpose of forming road over bridge (ROB) relating to KIA motors and awarded compensation amount of Rs.22,36,500/- and at that juncture the plaintiff filed suit for partition and separate possession against the petitioner and the respondents no.4 and 5 including the above said property without having any right with a sole intention to deprive his rights to get compensation. Later, the petitioner approached this Court by way of filing WP No.5313 of 2020 seeking to direct the LAO and Tahsildar, Penukonda to award compensation to him for the land Ac 2.85 cents and accordingly the said writ petition was disposed of and granted liberty to the petitioner to file IA for deletion of the above said property from the plaint schedule property. Since the property is acquired by the Government he has no livelihood and it is absolutely necessary to delete the item No.14 from the plaint schedule property and enable him to get the compensation. Hence, the present impugned application has been filed before the trial Court. However, the same was dismissed on the ground that the amendment of pleading by opposite party not permissible as the party is defendant in the suit and he is not at liberty to amend the pleading of the plaintiff and hence the petition is not maintainable. Aggrieved by the same, the present civil revision petition came to be filed.

4. Heard Sri K.Srinivas, learned counsel appearing for the petitioner and Sri S. Krishna Reddy, learned counsel appearing for the respondents.

5. On hearing, learned counsel for the petitioner submits that the Court below ought to have seen that the petitioner filed WP No.5313 of 2020 and the same was filed for deletion of petitioner survey numbers as the suit is pending for partition, the Court has given liberty to the petitioner to approach Civil Court and to file I.A for deletion of the subject property. Accordingly the petitioner filed I.A No.127 of 2023 in O.S No.76 of 2018 on the file of the Senior Civil Judge, Penukonda. He further submits that the Government-3rd respondent has granted D-form patta to the petitioner in WP No.5313 of 2020 dated 16.8.2022 and that the Joint Collector on the revision filed by the petitioner in D.Dis.No.6014/2017/D4 dated 30.04.2018 deleted the name of the respondent/plaintiff name in respect of Sy.No.132-2 to an extent of Ac 2.85 cents of Yeramanchi village of Penukonda Mandal, the same was not questioned by any one, so it becomes final. He further submits that the respondent/plaintiff filed a suit for partition in respect of Sy.No