ORDER:

1. The present civil revision petition has been directed against order dated 01.06.2010 in I.A.No.974 of 2009 in I.A.No.1007 of 2008 in O.S.No.320 of 1989 on the file of Additional Junior Civil Judge, Rajendranagar, Rangareddy District (hereinafter referred to as (cid:145)trial Court(cid:146)), whereunder, the application filed by the revision petitioner No.1 herein to amend the preliminary decree under Section 152 of C.P.C read with Section 151 of C.P.C was dismissed. 2. The petitioner No.1 herein is petitioner/plaintiff and respondents herein are respondents/defendants before the trial Court. During the pendency of the present revision, revision petitioner No.1 died and revision petitioner Nos.2 to 6 herein were brought on record as his legal representatives.

3. Initially, the revision petitioner No.1 filed suit for partition of agricultural land to an extent of Ac.2-27 guntas situated in Sy.No.734 of Janwada village, Shankarpally mandal, Rangareddy District (hereinafter referred to as (cid:145)suit property(cid:146)), before the trial Court and the same was preliminarily decreed. Subsequently, he filed application for passing final decree. It appears in the final decree proceedings, the advocate commissioner was appointed to make division of the suit property. The advocate commissioner has visited the suit property along with Mandal Surveyor and identified the suit property. The boundaries mentioned in the preliminary decree were not tallying with the physical boundaries of the suit property. As per the village map, the boundaries of the subject survey number i.e., Sy.No.734 are as follows:

North : Sy.No.728 belonging to Khab Bee, Jalaluddin, Akthar Begum, Kamaluddin.

South : Sy.No.755 belonging to Chakali Mallaiah, Chakali Yellaiah, Chakali Papaiah and Chakali Pakira.

East : Sy.No.733 land belonging to Kishan Prasad.

West : Tari (wet land) belonging to Abraham

4. In the said circumstances, the revision petitioner No.1 filed the present application before trial Court to amend the preliminary decree under Section 152 of C.P.C read with Section 151 of C.P.C and the same was dismissed. Aggrieved by the same, the present revision is preferred.

5. It is not in dispute that the boundaries referred in the preliminary decree are based on the boundaries contained in the plaint and by present amendment, revision petitioner No.1 is seeking to amend the preliminary decree in terms of boundaries given by the Mandal Surveyor by examining village map relating to the survey number, which is subject matter of suit.

6. The present application is filed under Section 152 of C.P.C read with Section 151 of C.P.C. The scope of Section 152 is limited to only clerical and arithmetical mistakes and only such mistakes alone are permitted to be rectified in the judgment and decree. In the present case, the rectification sought by revision petitioner No.1 is not based on the clerical and arithmetical mistakes. The decree is prepared based on the boundaries given in the plaint. Unless amendment is done to the plaint, the consequent amendment to the decree cannot be sought. Since main pleadings are not amended or not sought to be amended, the present application is not maintainable. This petition is devoid of merits and the same is liable to be dismissed.

7. In the result, the civil revision petition is dismissed confirming the order dated 01.06.2010 in I.A.No.974 of 2009 in I.A.No.1007 of 2008 in O.S.No.320 of 1989 on the file of Additional Junior Civil Judge, Rajendranagar, Rangareddy District. There shall be no order as to costs. Miscellaneous petitions, if any, pending, shall stand closed.

______________ M.LAXMAN, J Date: 25.01.2023 TJMR