J.Manikyam Chetty vs J.Padmanabha Chetty
2021 Latest Caselaw 4113 AP

            THE HON'BLE SRI JUSTICE D.RAMESH

       CIVIL REVISION PETITION NO.1107 OF 2021

ORDER:

The present revision is filed aggrieved by the orders, dated

30.12.2019, passed in I.A.No.368 of 2017 in O.S.No.39 of 1994

on the file of the learned II Additional Junior Civil Judge,

Chittoor.

2. I.A.No.368 of 2017 is filed by the petitioners/plaintiff under

Sections 114 and 152 of CPC to amend the judgment and

decree, dated 26.08.2002, by passing necessary orders for

delivery of possession of plaint B schedule mentioned property

and pass necessary orders.

3. After hearing both the parties, on merits, the Court below

has rightly dismissed the said I.A.No.368 of 2017 stating that

the Court has limited power under Sections 114 and 152 of CPC

to amend the decree and judgment, only on clerical or

arithmetical mistakes crept in judgment and decree, but on the

relief omitted without any issues and in which, the judgment and

decree passed on merits, the party has to prefer appeal before

the appellate Court.

4. After hearing the learned counsel for the petitioners and on

perusal of the record, this Court is of the opinion that the Court

below has rightly dismissed I.A.No.368 of 2017 in O.S.No.39 of

1994 and that the petitioner was given liberty to file an appeal, if

he has any grievance against the decree and judgment, dated

26.08.2002, passed in O.S.No.39 of 1994 by the II Additional

Junior Civil Judge, Chittoor, as per the provisions of the Act.

5. Accordingly, the Civil Revision Petition is closed. There

shall be no order as to costs.

As a sequel, pending miscellaneous applications, if any,

shall stand closed.

________________ JUSTICE D.RAMESH Date: 20.10.2021

SPP

THE HON'BLE SRI JUSTICE D.RAMESH

CIVIL REVISION PETITION NO.1107 OF 2021

Date: 20.10.2021

SPP