The plaintiff must provide sufficient details to identify immovable property in a suit, including boundaries, as mandated by Order 7 Rule 3 of the CPC.

O R D E R

This Civil Revision Petition (CRP) is filed against the order of the I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of First Class at Gajwel in I.A.No.78 of 2024 in O.S.No.260 of 2022.

2. The petitioners herein are the defendants in the suit filed by the respondent/plaintiff. The plaintiff has filed the suit for perpetual injunction. The description of the suit schedule property is as under:

“SUIT SCHEDULE PROPERTY

The agricultural lands bearing Sy.No.127/EE/1 to an extent of 0-39 guntas, situated at Mutrajpally Village of Gajwel Mandal, Siddipet District, bounded by:

East : Land of Santhosh Kumar, P. Ram Reddy and others

West : Land of K. Chandrashekar and Sy.No. 128.

North : Land of Sellers and others.

South : Land of D. Bhagyalaxmi, K. Suresh and others.”

3. The defendants have filed their written statement on 22.07.2022 stating that the plaintiff has not given the details of the immovable property such as the boundaries of the immovable property in respect of which perpetual injunction is claimed. Thereafter, the defendants have filed I.A.No.78 of 2024 under Order 7 Rule 3 and Section 151 of C.P.C. seeking a direction to the plaintiff to file a sketch map of Sy.No.127 of Mutrajpalli Village, showing the land of Ac.3.14 guntas allegedly allotted to his vendor Smt. Swaroopa, the extent of Ac.1.21 guntas alienated in favour of Sri Ram Reddy and the suit land of Ac.0.39 guntas purchased by the plaintiff, besides showing the location of the land of the defendants as referred to in the plaint and the document pleaded by the plaintiff.

4. The respondent/plaintiff opposed the said application by filing counter affidavit and submitted that the defendants are trying to collect evidence by way of filing this application. According to the plaintiff, he has given the details of the boundaries and also that the petitioners/defendants are not expected to file sketch map of the land of the entire extent of Survey No.127 of Mutrajpalli Village and that full facts will come out during full-fledged trial.

5. The trial Court has dismissed I.A.No.78 of 2024 vide orders dt.22.11.2024 by observing that it is the duty of the respondent/plaintiff to explain his case and that the Court need not direct the respondent/plaintiff to file a sketch map to prove his case which may also lead to collection of evidence since he has filed the suit. Challenging the same, the present CRP is filed.

6. Learned counsel for the petitioners, while reiterating the submissions made in the affidavit filed in support of the application, has placed reliance upon the judgments of the Hon’ble Supreme Court in the case of Pratibha Singh and another Vs. Shanti Devi Prasad and another, [(2003) 2 SCC 330] and also in the case of Zarif Ahmad (Dead) through Legal Representatives and others Vs. Mohd. Farooq, [(2015) 13 SCC 673] in support of their petition.

7. Learned counsel for the respondent/plaintiff, however, supported the impugned order and placed reliance upon the decision of the Andhra Pradesh High Court at Hyderabad as it then was, in the case of Mogulla Ailamma and others Vs. Samba Yellaiah and another, 2001 SCC OnLine AP 67

8. Having regard to the rival contentions and the material on record, this Court finds that in the suit schedule of the plaint, the northern boundary of the suit schedule property is shown as ‘Land of Sellers and others’. As rightly pointed out by the learned counsel for the revision petitioners/defendants, the vendor of the plaintiff had sold away her entire land in three different transactions and the third transaction is the transaction with the plaintiff. In such case, there cannot be any remaining land in her name to be shown as the boundary on the north. The names of ‘others’ who are on the northern and southern boundaries of the schedule property are also not mentioned. Therefore, the provisions of Order 7 Rule 3 of CPC would apply. For the sake of ready reference, the said provision is reproduced as under:

“Order VII – Plain