ORDER

This Civil Revision Petition is filed by the petitioner, aggrieved by the order dated 28.11.2023 passed in I.A.No.230 of 2023 in O.S.No.112 of 2008 on the file of the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Sangareddy.

Heard Smt. Manjari S. Ganu, learned counsel representing Mr. A. Ananda Chary, learned counsel for the petitioner. Perused the material available on record.

The petitioner herein filed I.A.No.230 of 2023 under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, seeking amendment of the plaint schedule property.

The trial Court, by order dated 23.11.2023, dismissed the said I.A.No.230 of 2023. The relevant portion of the said order reads as follows:

“In such a case, the petitioner should have knowledge about the exact boundaries of the suit schedule properties. Further, as per the averments of the petition accompanying affidavit, it appears that the petitioner filed the suit on presumptions and assumptions by mentioning the suit schedule properties. Hence, in such a case, the court is of the opinion as pleaded by the petitioner the mentioning of wrong boundaries in the plaint schedule property is not a typographical error. Accordingly, the point is answered against the petitioner.

In the result, the petition is dismissed without costs, in the circumstances of the case.”

A perusal of the Advocate Commissioner’s report reveals as under:

“It is found that the physical boundaries on the spot for the suit schedule property are different from the boundaries mentioned in the commissioner warrant.

Hence, I am returning the commissioner warrant of this court dated 31.01.2020.”

In view of the above observation of the Advocate Commissioner, this Court is of the considered opinion that the dispute essentially relates to the identification and demarcation of the suit schedule property.

Unless the suit property is properly measured and the correct boundaries are fixed, the real extent and identity of the property cannot be ascertained. In such circumstances, consideration of amendment of the plaint schedule property at this stage would be premature.

Therefore, liberty is granted to the petitioner to file a fresh interlocutory application before the trial Court seeking measurement of the entire suit schedule property and fixation of correct boundaries in accordance with law. After such measurement and fixation of boundaries, it is open to the petitioner to seek amendment of the plaint schedule property, and the trial Court shall consider the same in accordance with law.

With the above observations, this Civil Revision Petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, in this Civil Revision Petition, shall stand closed.