P.P.Varadarajan vs P.N.Damodaran
2024 Latest Caselaw 555 AP

Andhra Pradesh High Court - Amravati

P.P.Varadarajan vs P.N.Damodaran on 12 January, 2024

Author: R. Raghunandan Rao

Bench: R. Raghunandan Rao

    HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

      CIVIL REVISION PETITION No.2739 of 2023

ORDER:

The petitioners herein had filed O.S.No.53 of 2018 on

the file of the Learned Junior Civil Judge, Nagari for a

declaration that they are the absolute owners of the suit

property and also for a consequential injunction. After

pleadings had been completed, the trial had been

commenced.

2. At that stage, the petitioners herein filed

I.A.No.97 of 2023, under Order VI Rule 17 of CPC for

amendment of the prayer for the purpose of including a

prayer for declaration of two registered mortgage deeds as

null and void. This application was dismissed by the Trial

Court on 11.07.2023 on the ground that the said amendment

is barred by limitation.

3. Aggrieved by the same, the present Civil Revision

Petition has been moved before this Court.

4. Heard Sri P. Jagadish Chandra Prasad, learned

counsel for the petitioners and Sri T. Lakshminarayana,

learned counsel for the respondents.

5. A perusal of the order as well as the pleadings

would show that the mortgage deeds, which are sought to be

declared as null and void, were registered in the years 2011

and 2017 and these mortgage deeds are also mentioned in

paragraph 7 of the plaint of the petitioners filed in the year

2018. The application for amending a prayer to include a

declaration against these two mortgage deeds has been filed

in the year 2023. The Trial Court, after considering the

Judgment of the erstwhile High Court of Andhra Pradesh in

the case of Ankam Govindamma vs. Syed Shafeullah1 and

an unreported Judgment of this Hon'ble Court dated

15.07.2022 in C.R.P.No.420 of 2021 in the case of Jonnala

Subba Reddy vs. Yerra Varaha Narasimham and others

as well as the Judgment of the Hon'ble Supreme Court in the

case of Chander Kanta Bansal vs. Rajinder Singh

Anand2, had held that the application is barred by limitation

2018 (4) ALT 421

(2008) 5 SCC 117

as the period of three years, in which a suit could have been

filed for declaring the said documents as null and void, had

expired by the year 2021.

6. In the circumstances, I do not find any reason to

interfere with the said order and accordingly, this Civil

Revision Petition is dismissed. There shall be no order as to

costs.

As a sequel, pending miscellaneous petitions, if

any, shall stand closed.

__________________________________ JUSTICE R.RAGHUNANDAN RAO

12.01.2024 MJA

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

CIVIL REVISION PETITION No.2739 of 2023

12.01.2024

MJA