HIGH COURT FOR THE STATE OF TELANGANA, HYDERABAD
****
C.R.P.No.1407 OF 2020
Between:
Muthyam Suryanarayana
....Petitioner
And
Bondugula Varija Reddy & others
....Respondents
JUDGMENT PRONOUNCED ON: 31.03.2021
THE HON'BLE SRI JUSTICE T.AMARNATH GOUD
1. Whether Reporters of Local newspapers
may be allowed to see the Judgments? : Yes
2. Whether the copies of judgment may be
Marked to Law Reporters/Journals? : Yes
3. Whether His Lordship wishes to
see the fair copy of the Judgment? : No
_________________________
T.AMARNATH GOUD, J
2
* THE HON'BLE SRI T.AMARNATH GOUD
+ C.R.P.No.1407 OF 2020
% DATED 31st March, 2021
# Muthyam Suryanarayana
....Petitioner
Vs.
$ Bondugula Varija Reddy & others
....Respondents
<Gist:
>Head Note:
! Counsel for the Petitioners : Sri M.D.Mophapatra
^Counsel for the Respondents : Sri Arjun Madupu
? Cases Referred :
3
THE HON'BLE SRI JUSTICE T.AMARNATH GOUD
C.R.P.No.1407 of 2020
ORDER:
This Civil Revision Petition is directed against the order dated 08.12.2020 in I.A.No.558 of 2020 in I.A.No.462 of 2020 in O.S.No.104 of 2020 on the file of the Principal Junior Civil Judge, Gajwel (for short, "trial Court").
2. The brief facts of the case are that the respondents/plaintiffs filed a suit for grant of perpetual injunction restraining the petitioner/defendant and his agents etc., from interfering with the peaceful possession and enjoyment of the respondents/plaintiffs over the suit schedule property. They also filed I.A.No.462 of 2020 for grant of ad-interim injunction and injunction was granted on 24.06.2020. While preparing the schedule of property, its boundaries were mistakenly mentioned on the oral instructions of the plaintiffs. Thereafter, the respondents/plaintiffs filed I.A.No.558 of 2020 to amend the schedule of the property.
3. The petitioner/defendant in the said I.A., filed a counter denying the averments stating that the present I.A., filed for amendment of boundaries at the time hearing arguments in injunction petition shows that the respondents/plaintiffs are not fair and approached the Court and obtained ad-interim injunction order by suppressing the real facts by abusing 4 process of law. The rough sketch enclosed to the plaint is not tallying with ground reality and that they showed wrong boundaries and obtained ad-interim injunction and therefore prayed to dismiss the petition.
4. The trial Court, on consideration of the record, accepted the plea of the respondents/plaintiffs and allowed the interlocutory application. Aggrieved thereby, the present CRP is filed.
5. The learned counsel appearing for the petitioner/defendant submitted that the settled principle of law is that the amendment can be allowed if it is not changing the nature of the suit, but in the instant case, the amendment sought will completely changes the nature of suit.
6. The respondents/plaintiffs filed a counter affidavit, denying the allegations in the Civil Revision Petition. They contended that the mistake occurred in the petition schedule of I.A.No.462 of 2020 is a curable defect and allowing the application in favour of the respondents will not cause any prejudice to the rights of the petitioner herein.
7. Heard both sides.
8. It is the case of the respondents/plaintiffs that they have mistakenly shown the boundaries of the property in the 5 petition schedule and now, they want to amend the schedule of the property. Per contrary, the Learned counsel for the defendant contended that amendment of the schedule will change the nature of the property and the same cannot be allowed at this stage.
9. The respondents/plaintiffs filed the suit for perpetual injunction restraining the petitioner/defendant from interfering with their possession and also filed injunction petition I.A.No.462 of 2020 and the learned trial Court granted ad-interim injunction on 24.06.2020. Meanwhile, the respondents filed I.A.No.558 of 2020 for amendment of the petition schedule property at the stage of submitting arguments in the injunction petition.
10. The schedule of the property in I.A.No.462 of 2020 in which injunction was granted by order dated 24.06.2020 is as under:
North : Road
South : Plaintiff and her sister's land
East : Land in Sy.No.414
West : Neighbours property.
The schedule of property in I.A.No.558 of 2020 is as under:
North : Neighbours land with compound wall South : Land in Sy.No.414 East : National Highway 44 West : Land of plaintiffs.6
It is evident that the boundaries in both the I.As., are different and do not tally with each other. In such case, it amounts to a fresh cause of action.
11. It is the duty of the plaintiffs to file the suit by enclosing correct schedule of the property. Once the suit is filed and ad-interim injunction is granted basing on the schedule of the property annexed to the plaint by the plaintiffs, amending the schedule thereafter will change the nature of the property. The respondents/plaintiffs have completely changed the schedule of the property and it is contended by the petitioner/defendant that there is no such property as alleged by the respondents/plaintiffs. The amendment sought by the respondents/plaintiffs will introduce a fresh cause of action and therefore, the petitioner/defendant will suffer irreparable loss by the proposed amendment. The trial Court erred in coming to the conclusion that no prejudice will be caused to the petitioner/defendant if the schedule of the property is amended. Even whether any prejudice is caused to the petitioner/defendant or not is not the criteria, and such an amendment is not permissible under law. In fact, it is always open for the respondents/plaintiffs to withdraw the suit and file a fresh suit with correct schedule of the property. Accordingly, the said order is liable to be set aside. 7
12. For the aforesaid reasons, the Civil Revision Petition is allowed, setting aside the order dated 08.12.2020 in I.A.No.558 of 2020 in I.A.No.462 of 2020 in O.S.No.104 of 2020 on the file of the Principal Junior Civil Judge, Gajwel. No order as to costs. As a sequel, miscellaneous petitions, if any, pending in this Civil Revision Petition shall also stand dismissed.
_______________________________ JUSTICE T.AMARNATH GOUD Date: 31-03-2021.
Note:
LR copy to be marked B/o Shr