THE HONOURABLE DR. JUSTICE G. RADHA RANI CIVIL REVISION PETITION No.715 of 2020

ORDER:

This Civil Revision Petition is filed by the petitioner – plaintiff aggrieved by the order of dismissal of I.A.No.350 of 2017 in O.S.No.122 of 1997 dated 22.11.2019 passed by the learned II Additional Chief Judge, City Civil Court, Hyderabad.

2. I.A.No.350 of 2017 is filed by the petitioner – plaintiff seeking permission to adduce oral and documentary evidence to substantiate his claim in respect of the amended item No.5 of “B” schedule property as per the amended plaint dated 10.04.2003 filed in the subject suit. The plaintiff filed an affidavit in support of the application stating that he filed O.S.No.755/1991 (old), 122/1997 (new) on the file of the II Additional Chief Judge, City Civil Court, Hyderabad against defendants 1 and 2 for partition and separate possession of A & B schedule properties. The item No.5 of “B” schedule property was described in the plaint as “One Hot Mixing Plant at Mansoorabad in Rangareddy District along with land value of Rs.7,00,000/-”. A preliminary decree directing partition of A & B schedule properties was passed on 26.10.1998. Against which, the defendant No.1 preferred appeal vide C.C.C.A.No.39 of 1999 on the file of the High Court. The petitioner filed I.A.No.1956 of 1998 for final decree proceedings and also filed I.A.No.2791 of 2000 for assessing the value of item No.5 of “B” schedule property. However, the Court dismissed I.A.No.2791 of 2000 vide order dated 20.02.2001 by holding that the land was not covered in item No.5 of the “B” schedule. The petitioner preferred C.R.P.No.1244 of 2001 against the said order. The same was dismissed vide order dated 22.01.2003. Thereafter, he filed an amendment application in C.C.C.A.No.39 of 1999 for amending the description of item No.5 in the “B” schedule property and vide order in C.M.P.No.4580 of 2003 dated 31.03.2003, the High Court allowed the amendment application permitting him to amend the description of item No.5 of “B” schedule property by incorporating the description and extent of the land. Pursuant to the above, he filed the amended plaint in the subject suit on 10.04.2003 by correctly amending the description of item No.5 of “B” schedule property as land bearing revenue Survey No.66/10/B, Mansoorabad Village, Saroornagar Mandal (formerly Hyderabad East Taluk), Rangareddy District, totally admeasuring Ac.1-11 guntas along with Hot Mixing Plant embedded thereon with its boundaries. However, the defendants did not file their written statement to the said amended plaint dated 10.04.2003. The legal representatives of the deceased defendant No.1 also did not file their written statement to the amended plaint even after having come on record as legal representatives of the deceased defendant No.1. Ultimately, the High Court dismissed C.C.C.A.No.39 of 1999 vide judgment and decree dated 30.09.2004 confirming the preliminary partition decree in O.S.No.122 of 1997 dated 26.10.1998. The Civil Appeal No.3855/2006 filed by defendant No.1 and his legal representatives 3 to 9 before the Hon’ble Apex Court was also dismissed vide judgment and decree dated 09.12.2010. A review petition preferred by the defendants was also dismissed by the Hon’ble Apex Court vide order dated 13.04.2011. As such, the preliminary judgment and decree dated 26.10.1998 attained finality. Thereafter, the plaintiff filed I.A.No.2889 of 2012 in final decree proceedings in the subject suit seeking amendment of Item No.5 of “B” schedule property in the preliminary judgment and decree in O.S.No.122 of 1997 dated 26.10.1998 in accordance with the amended plaint dated 10.04.2003 and the Court allowed I.A.No.2889 of 2012 vide order dated 28.08.2013. Aggrieved by the said order in I.A.No.2889 of 2012 dated 28.08.2013, the defendants preferred C.R.P.No.4293 of 2013 before the High Court contending that the preliminary judgment and decree dated 26.10.1998 could not be automatically amended incorporati