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2026:APHC:8818

APHC010331632024

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3332]

(Special Original Jurisdiction)

THURSDAY,THE FIFTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

CIVIL REVISION PETITION NO: 1731/2024

Between:

1. M AHABOOB BASHA @MAHMOOD BASHA, S/O LATE IBRAHIM MIAH

@ IBRAHIM SAAB.AGED ABOUT 69 YEARS,RESIDENT OF HOUSE

NO.46/149,BUDHAWARA PETA STREET, KURNOOL

...PETITIONER

AND

1. B OYA RAGHAVENDRA NAIDU, S/0 Boya Madhusudhan Naidu, Aged

about 40 Years, R/o D.No. 17/98-B, RKT Street Kumool

...RESPONDENT

Petition under Article 227 of the Constitution of India,praying that in the

circumstances stated in the grounds filed herein,the High Court may be

pleased topleased to allow the present revision petition and set aside the

orders passed by The Principal Senior Civil Judge, Kurnool In I.A No.

152/2024 in O.S no. 11/2020 dated 08-07- 2024 and consequently allow the

application

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated

in the affidavit filed in support of the petition, the High Court may be pleased

pleased to stay all further proceedings in O.S No. 11/2020 on the file of The

Principal Senior Civil Judge, Kurnool till the disposal of main revision petition

and pass

Counsel for the Petitioner:

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2026:APHC:8818

1. RAJA BHOGENDRA NATH S

Counsel for the Respondent:

1. G SRAVAN KUMAR

The Court made the following:

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2026:APHC:8818

ORDER:

The present civil revision petition has been filed questioning the legality

and correctness of the orders passed in I.A.No.152 of 2024 in O.S.No.11 of 2020

by the learned Principal Senior Civil Judge, Kurnool, dismissing the petitioner’s

application filed under Order VI Rule 17 read with Section 151 of CPC to amend

the plaint.

2. The petitioner is the plaintiff and the respondent is the defendant. The

petitioner/plaintiff got filed the suit in O.S.No.11 of 2020 on the file of the learned

Principal Senior Civil Judge, Kurnool, for declaration of the plaint schedule

property and for recovery of possession.

3. In the said suit, the petitioner herein filed interlocutory application under

Order VI Rule 17 CPC to amend the plaint and thereby to incorporate the prayer

of mandatory injunction apart from recovery of possession, on the ground that the

respondent/defendant made certain constructions.

4. To the said application, the respondent/defendant denied the allegations,

by duly contending that the petitioner/plaintiff created a false sale deed and

claiming right over the suit schedule property. Further, contended that the

petitioner, without filing an application for appointment of an Advocate

Commissioner to measure the plots of the petitioner and respondent with the help

of Mandal Surveyor and without finding of Mandal Surveyor as to whether the

respondent trespassed into the petitioner’s title or not, filed the present

application for amendment of the plaint with the prayer with all untenable

grounds. Accordingly, prayed to dismiss the application.

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5. Upon hearing both parties, the trial Court made the following points for

consideration, which reads as follows:-

1. Whether the petitioner can be permitted to amend the plaint and for

consequential amendments of the plaint as shown in the petition

schedule?

2. To what relief?

and accordingly dismissed the application on the ground that no application

for amendment shall be allowed after commencement of trial unless the Court

comes to conclusion that, in spite of due diligence, the party could not have

raised the matter before the commencement of trial, and whereas the petitioner

had knowledge of the construction made by the respondent prior to filing of the

suit itself, but did not seek for grant of mandatory injunction in the suit prayer.

Assailing the said order, the present civil revision petition is filed.

6. Heard Sri Raja Bhogendra Nath S, learned counsel for the petitioner and

Sri G. Sravan Kumar, learned counsel for the respondent.

7. While reiterating th