THE HON'BLE SRI JUSTICE J.SREENIVAS RAO + CIVIL REVISION PETITION No.1250 of 2025 % Dated 31.07.2025 # M.Ram Reddy S/o late Veera Reddy (died per LR’s) and others.

….Petitioners VERSUS $ M/s. LITE Crete Constructions Industries Private Limited, A Company registered under the Companies Act, 1956 having its Regd. Office at 106, Ram Nimi, 8 Mandlik Road, Mumbai 400 039, rep. by its Director Mr.Ghansham J. Shewakaramani S/o Jamnadas, aged about 62 years, R/o 11-A, Sett Minar Apts., Peddar Road, Bombay M/s Srinidhi Industries, having registered office at Kukatpally, R.R. District, rep. by its partners, and others.

… Respondents ! Counsel for Petitioners : Sri Venkat Raghu Ramulu ^ Counsel for Respondent No.3 : Sri R.Rama Brahmma < GIST:

> HEAD NOTE:

? CITATIONS:

1. AIR 2006 Supreme Court 1647 2. AIR 2004 Supreme Court 4102

3. (2022) 16 SCC 1

4. 2024 LawSuit (SC) 164

5. 2003(3) ALT 612 6. (2004) 3 SCC 392 7. AIR 1957 SC 357 8. AIR 1996 SC 642

THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CIVIL REVISION PETITION No.1250 of 2025

ORDER

This civil revision petition has been filed under Article 227 of the Constitution of India, aggrieved by the order dated 10.03.2025 passed by the I Additional District and Sessions Judge, Sangareddy, in I.A.No.95 of 2024 in O.S.No.173 of 2017, whereby the application filed by the petitioners seeking amendment of the plaint was dismissed.

2. Heard Sri Venkat Raghu Ramulu, learned counsel for the petitioners, and Sri R.Rama Brahmma, learned counsel for respondent No.3.

3. The revision petitioners herein are the plaintiffs and the respondents are the defendants in O.S.No.173 of 2017. For the sake of convenience, the parties herein are referred to as they were arrayed in the suit in O.S.No.173 of 2017 before the Court below.

4. Brief facts of the case:

4.1. Plaintiff No.1-M.Ram Reddy filed suit in O.S.No.154 of 2007 on the file of the Senior Civil Judge, Sangareddy against respondent No.1/defendant No.1 for specific performance of agreement of sale and perpetual injunction in respect of the suit schedule property i.e.

Ac.3-00 of land covered by Survey Nos.833 part, 834 part, 836 part, 837 part and 838 part at Patancheru Village and Mandal, Sangareddy District (erstwhile Medak District). In the said suit, defendant No.1 filed written statement in the month of September, 2007, wherein it is averred that the suit schedule property along with other properties were sold in favour of Srinidhi Industries, represented by its partner M.S.Lokaiah, through registered sale deed dated 11.05.2006 and the possession was also delivered. During pendency of the suit, plaintiff No.1 died on 04.03.2020 and plaintiff Nos.2 to 4 were came on record as his legal heirs. Defendant Nos.2 to 9 were impleaded as party respondents. Pursuant to the order dated 20.12.2012 passed by the learned Principal District Judge, Sangareddy, in Transfer O.P.No.53 of 2012, the above said suit was transferred to the Court of I Additional District and Sessions Judge, Sangareddy, and renumbered as O.S.No.173 of 2017.

4.2. In the above suit, the plaintiffs filed I.A.No.95 of 2024, seeking amendment of the plaint as well as prayer of the suit i.e., “that the alleged Registered Sale Deed, dated 11.05.2006 for the land to an extent of Ac.15-415 guntas, as null and void and not binding over the plaintiffs in any manner in respect of the suit schedule lands”. The Court below dismissed the above said application by its order 10.03.2025 on the ground of limitation, as the plaintiffs filed the application after lapse of 12 years, though they are having knowledge about the execution of the registered sale deed, dated 11.05.2006 by defendant No.1 in favour of other defendants. Aggrieved by the above said order, the plaintiffs have filed the present civil revision petition.

5. Submissions of learned counsel for the petitioners/plaintiffs:

5.1. Learned counsel for the petitioners/plaintiffs submitted that as per the provisions of Order VI Rule 17 r/w Section 151 of the Civil Procedure