APHC010016972023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CIVIL REVISION PETITION NO: 445/2023 Between:

1. M MAHANTHAYYA SWAMY, S/O. LATE BASAVARAJ, AGED ABOUT

54 YEARS, R/O. H.NO. 9-103, KOSIGI VILLAGE, KURNOOL DISTRICT.

2. M . JAGADEESH,, S/O. LATE BASAVARAJ, AGED ABOUT 48 YEARS, R/O. H.NO. 9-103, KOSIGI VILLAGE, KURNOOL DISTRICT.

...PETITIONER(S)

AND

1. E LLURU MANJUNATH, S/O. ELLURI SIRINIVASULU, HINDU, AGED ABOUT 35 YEARS, R/O.5/228,MADISON AVE APT. B5, OKEMOS, MI-48864, USA, REP. BY GPA HOLDER BY HIS FATHER ELLURU SRINIVASULU, 5/0. ADINARAYANA SHETTY, HINDU, AGED ABOUT 59 YEARS, H.NO. 9/146, RAILWAY STATION ROAD, KOSIGI, KURNOOL DISTRICT.

2. E LLURU SRINIVASULU, S/O. ADINARAYANA SHETTY, HINDU, AGED ABOUT 59 YEARS, H.NO. 9/146, RAILWAY STATION ROAD, KOSIGI, KURNOOL DISTRICT

3. M SURYANARAYANA, S/O. ERANNA, HINDU, AGED ABOUT 40 YEARS, NELAKOSIGI VILLAGE, VANDAGALLU POST, KOSIGI MANDAL, KURNOOL DISTRICT. (3RD RESPONDENT IS NOT NECESSARY PARTY IN THIS REVISION PETITION AS ABATED)

...RESPONDENT(S):

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 set aside the Order and decree dated 13.09.2022 in I.A.No. 263 of 2022 in O.S.No. 185 of 2015 on the file of the Court of the Principal Junior Civil Judge, Adoni, Kurnool District and pass IA NO: 1 OF 2023 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 grant Interim Stay of all of further proceedings in O.S.No. 185 of 2015 on the file of the Court of the Principal Junior Civil Judge, Adoni, Kurnool District, pending disposal of above Revision and pass Counsel for the Petitioner(S):

1. BUTTA VIJAYA BHASKER Counsel for the Respondent(S):

1. B SARVOTHAM REDDY The Court made the following:

ORDER:

Assailing the order passed in I.A.No.263 of 2022 in O.S.No.185 of 2015 by the Principal Judicial Civil Judge, Adoni, dated 13.09.2022, the present Civil Revision Petition has been filed.

2. The petitioners herein are defendant Nos.1 and 2, respondent Nos.1 and 2 are the plaintiffs and respondent No.3 is the co-defendant No.3 in the suit.

3. The brief facts leading to filing of the present civil revision petition are that respondent Nos.1 and 2 herein filed the suit in O.S.No.185 of 2015 on the file of the learned Principal Junior Civil Judge, Adoni, for permanent injunction. In the said suit, the plaintiffs filed I.A.No.263 of 2022 under Order VI Rule 17 CPC praying the Court to permit them to amend plaint for declaration of title to the suit schedule property. The said interlocutory application has been opposed by the defendants by filing counter on the ground that earlier I.A.No.1156 of 2015 under Order XXXIX Rule 1 and 2 of CPC seeking temporary injunction was dismissed on merits on 04.04.2019 and the present application has been filed at a belated stage when the suit is coming up for further evidence, which is not maintainable. It is further contended that if the amendment petition is allowed, the nature of the entire suit will be changed and thereby the defendant will suffer great hardship and loss. It is further contended that the defendants filed their written statement in the year 2015 but the plaintiffs failed to take steps before commencement of trial and after seven years from the date of filing of the suit, the petitioners filed the said amendment application at a belated stage, which is not maintainable and prayed to dismiss the interlocutory application. After hearing the parties and considering the material available on record, the Court below allowed the said application. Assailing the same, the present civil revision petition came to be filed. 4. Heard Sri Butta Vijaya Bhaskar, learned counsel for th