ORDER:

Initially, the Revision Petitioner is the plaintiff in the plaint who filed Suit for declaration of title and recovery of possession. Pending the Suit, the petitioner herein filed I.A. No.567 of 2023 in O.S. No.67 of 2018 on the file of the Senior Civil Judge, Vizianagaram, under Order VI, Rule 17 of Civil Procedure Code, R/w Rule 28 of Civil Rules of Practice, to permit the petitioner to amend the plaint by adding subsequent changes and claims in the plaint paragraphs, plaint schedule and for consequential amendments in the plaint, in the interest of justice. The amended prayers sought in the IA No.567 of 2023 are as follows:

Proposed amendment in the Plaint:

To add para-(k). It is submitted that pending the suit proceedings the defendant highhandedly by utilizing his influences and demolished the old tiled house bearing Door No.10-4-34 vide S.C.No.7570, Assessment No.3922 situated in the plaint schedule property by utilizing JCB etc., Due to the highhanded acts of the defendant the eastern wall of plaintiff’s house, which is situated western side of the plaint schedule property was also damaged. The plaintiff affected huge loss due to the demolition of tiled house in the plaint schedule property and damages to the eastern wall of the plaintiff’s house and it is estimated Rs.3,00,000/-. Therefore, the defendant is liable to pay the damages of Rs.3,00,000/- to the plaintiff.

It is to be added in Para-V The damages for old house is Rs.2,50,000/-

The damages for eastern house wall of plaintiff is Rs.50,000/-

Total damages claimed is Rs.3,00,000/-

Payable Court Fee on damages is Rs.5,426/-

The value of the suit for the purpose of court fee is Rs.14,27,436/- as the suit is relief of declaration and recovery of possession with consequential relief of injunction and court fee of Rs.16,726/- under Sec.24(a) of A.P. Court Fees and Suits Valuation Act and for Court fee on damages claimed on Rs.3,00,000/- is Rs.5,426/- under Section 20 read with Art.1(c) of Sch.1 of A.P. Court fee and sits valuation Act.

To amend the Plaint para VI as VI. The plaintiff therefore prays that Honourable Court may be pleased to pass a decree in favour of plaintiff and against the defendant (i) Declare that the plaintiff is absolute owner of the plaint schedule along with tiled house there in as per Registered Will dt. 08.12.1977 executed by Palla Papayya, and direct the defendant to vacate the plaint schedule property and handed over the same to the plaintiff, (ii) If the defendants failed to follow the court directions, the Honourable court be pleased to evict the defendant from the plaint schedule property and put the plaintiff in possession of the same through process of law, (iii) Award loss and damages of Rs.3,00,000/- to the Plaintiff from the defendant.

(iv) Award Costs of the suit against the defendants, (v) And also grant such other relief or reliefs which the Honourable court deems fit and proper under circumstances of the case.

To amend the Plaint schedule as:

SCHEDULE OF THE PROPERTY Previously old tiled house and presently Asbestos sheet car shed and adjacent vacant site in the northern side with newly existing iron gate, bearing Door No.10- 4-34, vide Asst.No.3922 vide SC No.7570 (for previously existing tiled house) situated in southern lane of Anasaparapuvari Street, Vizianagaram Town and District within the following:

Measurements:

East to West 24 feet North to South 100 feet Area 266.66 sq. yards Bounded on:

East : Two stored new building of Palla Appala Swamy (defendant)

South : Municipal Canal and further house of Ponnada Govinda Rao West : Plaintiff’s house to some extent and the houses of Duvvu Govinda Rao, Duvvu Bhaskara Rao and Duvvu Satyanarayana North : Municipal Road

2. The said petition was dismissed by the learned trial Judge on the ground that the said act of demolition has taken place in the year 2018, but the present petitioner is filed in the year 2023 after lapse of more than four years. As per the Article 113 of the Limitation Act