Yerramsetti Ramesh Kumar vs Narayanaswamy & Sons And on 11 March, 2026

    0
    40
    ADVERTISEMENT

    Andhra Pradesh High Court – Amravati

    Yerramsetti Ramesh Kumar vs Narayanaswamy & Sons And on 11 March, 2026

    APHC010559202025
    
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI             [3330]
                              (Special Original Jurisdiction)
    
                WEDNESDAY, THE ELEVENTH DAY OF MARCH
                    TWO THOUSAND AND TWENTY SIX
    
                          PRESENT
     THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
    
                   CIVIL REVISION PETITION No.2871 of 2025
    
    Between:
      1. YERRAMSETTI RAMESH KUMAR, S/O LATE SURI BABU,
         AGED 53 YEARS, OCC-CULTIVATION R/O JONNAGUDI,
         VIZIANAGARAM TOWN AND MUNICIPALITY.
      2. YERRAMSETTI PRASHANTH, S/O LATE SYAMASUNDARA
         RAO, AGED 33 YEARS, R/O JONNAGUDI, VIZIANAGARAM
         TOWN AND MUNICIPALITY.
                                             ...PETITIONER(S)
                              AND
    
       1. SOMU SURYANARAYANA, S/O LATE ADEPPADU, AGED
          ABOUT 68 YEARS, OCC- BUSINESS, R/O HOUSE NO.66/2,
          RELLI VEEDHI, S.C.COLONY, GURLA VILLAGE AND MANDAL,
          VIZIANAGRAM DISTRICT.
       2. MOHAMMED DANISH, S/O LATE HAJJI SATTAR AHAMMED,
          AGED ABOUT 48 YEARS, OCC- BUSINESS, R/O DOOR NO.
          16-18/1-6, KORADAVEEDHI, VIZINAGARAM.
                                              ...RESPONDENT(S):
    
          Petition under Article 227 of the Constitution of India, praying that
    in the circumstances stated in the grounds filed herein, the High Court
    may be pleased to set aside the order dated 03.01.2025 in I.A.No.618
    of 2024 in O.S.No.368 of 2016 of the Principal Junior Civil Judge,
    Vizianagaram.
    
    Counsel for the Petitioner(S):
      1. G SAI NARAYANA RAO
                                     2
    
    
    
    
    Counsel for the Respondent(S):
      1. SARIPALLI SUBRAHMANYAM
    
    The Court made the following:
                                            3
    
    
    
    
    ORDER:

    The petitioners herein are plaintiffs in the suit and respondents

    herein are defendants in the suit. The plaintiffs filed I.A.No.618 of 2024

    SPONSORED

    in O.S.No.368 of 2016 on the file of the Principal Junior Civil Judge,

    Vizianagaram, which was dismissed. For the sake of convenience, in

    this order, the parties will be referred to, as per their array in the suit.

    2. The plaintiffs herein filed an application I.A.No.618 of 2024 in

    O.S.No.368 of 2016 of the file of the Principal Junior Civil Judge,

    Vizianagaram, under Order 6 Rule 17 of C.P.C. to amend the plaint as

    under:

    “….to amend the plaint as mentioned below to delete item
    no.2 of the plaint schedule:

    a. to amend the extent of item 1 as Ac.3.48 cents;
    b. and consequently permit us to amend the plaint schedule
    and file neat copy of the schedule and also;
    c. to delete the portion of para III(d) “The plaintiffs learnt the
    Adangals for the plaint schedule…….. in respect of the
    entire extent of land covered by S.no.57/2”; (till the end of
    that para)
    d. to add the following after para III(e);

    III(f) The plaintiffs got surveyed the lands in S.no.57 and 56
    with reference to documents of plaintiffs and defendants, got
    prepared plan, drawn to scale and the same is filed here with.

    4

    After such got prepared by a qualified surveyor, who was
    also close relative to us by name Y.Srinivasa Rao, appraised
    us that there exists a bund running from North to South
    dividing the land in our physical possession and enjoyment is
    on Western side and its measuring Ac.3.48 Cents and that
    the land on the Eastern side measuring Ac.1.52 Cents being
    part of 57/1 and that the land on the further east thereof is
    covered by S.no.57/2 and that its extent is Ac.0.94 Cents and
    where as the land S.no.56 was converted into layout, and
    such land was sold by 1st defendant to 3rd parties, who in turn
    formed layout and sold.

    (g) The land and property acquired by 2nd defendant is
    covered by three documents 1) Sale deed dated 13.02.2007
    bearing doct.no.509/07, he acquired Ac.1.42 Cents covered
    by S.no.57/1. 2) Sale deed dated 13.02.2007 bearing
    doct.no.110/07, he acquired Ac.0.10 Cents covered by
    S.no.57/1 and Ac.0.94 Cents in S.no.57/2. The lands
    covered by these two documents were sold by 2nd defendant
    to Adon Infra Projects on 03.04.2019 under
    doct.no.1132/2019 i.e., after filing of this suit, in which the
    western boundary is shown as that of the lands of
    grandmother Y.Simhachalam and further shown the land
    covered in S.no.56, being held by DVR Infra Projects is on
    the eastern side, thus it is clear that the land shown in the
    enclosed plan is according to the sale deed dated 03.04.2019
    executed by the 2nd defendant. While examining these
    documents it is noticed that the vendors of said
    5

    Simhachalam, while executing the sale deed inadvertently
    got recited item no.2 of sale deed as that of land covered by
    S.no.52 but being abutting to 1st item thereof. Thus, the
    properties covered by items 1 and 2 are a compact single
    plot.

    (h) It is also relevant to mention that the land covered by
    S.no.56 measuring Ac.9.62 Cents was acquired by 2nd
    defendant under doct no’s 511/2007, 512/2007 both dated
    13.02.2007 and doct no.3117/2007 and the same was
    disposed of to the said DVR Infra Project under doct.no
    1131/2019 that is after filing of this suit. Thus, the 2nd
    defendant has not retained any land and so also, the 1st
    defendant has no land in S.no.57/1.

    and thus render justice.”

    3. The plaintiffs filed suit to grant permanent injunction against the

    defendants, their men, servants and agents restraining from in anyway

    interfering with the plaintiffs’ peaceful possession and enjoyment of the

    plaint schedule land and from invading their rights in any manner over

    the plaint schedule property. The plaintiffs aver that the land in Survey

    No.57/1 to an extent of Ac.1-66 cents of dry land and to an extent of

    Ac.0-51 cents covered by Survey No.57/2, situated in Solipi

    Somarajupeta Village in the then Nelimarla Mandal, now in Gurla

    Mandal, purchased by one Smt.Yerramsetti Simhachalam,
    6

    W/o.Suribabu, vide registered sale deed document No.5021 of 1981

    dated 02.12.1981; since the purchase of the property, she is in

    possession and the plaintiffs, who are the paternal grandsons,

    succeeded the property by inheritance and the plaintiffs learnt that the

    2nd defendant got recorded his name in the revenue records to grab the

    property with an evil intention and the 2nd defendant indulged in the said

    nefarious act and surreptitiously and in collusion with revenue officials,

    notwithstanding the incorporation of the name of the 2nd defendant, the

    plaintiffs are in the possession of the suit schedule property, hence

    prayed to grant permanent injunction.

    4. Now the plaintiffs filed the I.A.No.618 of 2024 for amendment of

    the pliant schedule on the grounds that the plaintiffs have changed the

    vakalat and the present counsel after going through the sale deed of the

    vendor of their grandmother, revenue records, mutation applications,

    rejection orders, survey reports, and also document dated 30.04.2006,

    executed by the 1st defendant in favour on N.V.S.Suryanarayana,

    wherein the 1st defendant has admitted the survey number 57 is not his

    property and got surveyed the land by a qualified surveyor, the 2nd

    defendant acquired the land in survey number 57 land in three sale

    deeds and the 2nd defendant sold the land to Adon Infra Projects under
    7

    Doc.No.1132/2019 on 03.04.2019 and the execution of the sale deed in

    favour of the grandmother of the plaintiffs her vendors by mistake

    mentioned item no-2 as land in Survey No.52, though actually it forms a

    compact single plot along with item No-1 of the plaint schedule abutting

    it, the 2nd defendant disposed his land in Survey Nos.56, 57 of 2019 and

    he has no subsisting interest, therefore notwithstanding the mistaken

    description in their grandmother’s sale deed and the surveyor’s plan and

    the boundaries admitted by the defendants themselves, hence prayed

    to permit the plaintiffs to amend the plaint schedule in the interest of

    justice and to avoid irreparable hardship and loss.

    5. The defendants have not filed any counter to I.A.No.618 of 2024.

    6. The learned trial Court Judge, after considering arguments of the

    plaintiffs, has dismissed the I.A.No.618 of 2024, vide order dated

    03.01.2025, relying on the judgment of the Apex Court in the case of

    Revajeetu Builder & Developers Vs. Narayanaswamy & Sons and

    others reported in (2009) 10 SCC 84, wherein the Hon’ble Apex Court

    held that the Court should be vigilant to grant amendment or not (i)

    whether the amendment sought is necessary for determining the real

    controversy (ii) where it introduces a totally different new and
    8

    inconsistent case, (iii) whether it prejudices the other side (iv) whether it

    amounts to withdrawal of an admission.

    7. And the learned trial Court also relied on another judgment of the

    Apex Court in Vishwambhar and other Vs. Laxminaryan reported in

    (2001) 6 SCC 163, wherein the Hon’ble Apex Court held that when an

    amendment changes the nature of the suit shouldn’t be allowed, and

    when the amendment application substitutes one cause of action for

    another. The learned trial Court also cited another judgment of the

    Hon’ble Apex Court in Heeralal Vs. Kalyan Mal and others reported in

    (1998) 1 SCC 278 and also quoted another judgment in Kailash Vs.

    Nanhku reported in (2005) 4 SCC 480, wherein the Hon’ble Apex Court

    held that amendment is impermissible, when it is permitted, it drastically

    alter the nature of the suit after commencement of the trial.

    8. Challenging the I.A.No.618 of 2024 order dated 03.01.2025, the

    present Civil Revision Petition is filed under Article 227 of the

    Constitution of India on the grounds that the trial Court ought to have

    been allowed the amendment, as it causes no prejudice to the

    defendants and it doesn’t alter or change the nature of the suit, as

    observed by the trial Court, as the defendants have not filed any counter
    9

    or contested the Interlocutory Application, the Court ought to have been

    allowed on this score alone.

    POINT FOR CONSIDERATION:

    9. Learned counsel for the petitioners relied on the judgment of the

    erstwhile High Court of Andhra Pradesh in the case of G.S.Prakash Vs.

    Polasa Hanumanlu reported in (2015) 1 ALD 270, for the proposition

    that the Courts must be more liberal in allowing the amendment of

    pleadings as the opposite party will have more opportunities to rebut the

    amended pleadings than in the latter cases. And also relied on the

    judgment of the erstwhile High Court at Hyderabad in the case of

    Jangili Venkateswarlu & Ors. Vs. Bandaru Omkaraiah & Anr.

    reported in 2002(3) A.P.L.J. 355 (HC) and the relevant paragraph of the

    said judgment is extracted hereunder:

    “For the aforesaid reasons, we are of the view that the
    Judgment under appeal permitting the plaintiffs to amend the
    plaint by adding the relief of recovery of possession as an
    alternative relief is erroneous and contrary to the settled
    principles of law.”

    This judgment goes against the petitioners herein.

    10. The learned trial Court Judge has correctly dismissed the

    I.A.No.618 of 2024 noting that, if the amendment is allowed, it changes
    10

    the entire suit. The plaintiffs are now attempting to change the entire

    scope of the suit changing the extent of suit and survey numbers by way

    of this amendment. According to the plaintiffs, their paternal

    grandmother purchased the land in Survey No.57/1 to an extent of

    Ac.1.66 cents of dry land and to an extent of Ac.0.51 cents covered by

    Survey No.57/2, vide registered sale deed document No.5021 of 1981

    dated 02.12.1981. Now the plaintiffs want to change the extent of land

    and the survey number. The suit is based upon the sale deed, if any

    mistakes found in the sale deed and any errors within that document

    should be rectified accordingly. Unless the sale deed is rectified, the

    plaintiffs cannot seek a change in the plaint based on the surveyor’s

    finding that the property measures 3.48 acres. The law is very well that

    the document prevails no oral evidence can be given contrary to

    document. As per the document, the land is purchased by the

    grandmother of the plaintiffs is Ac.1.66 cents in Survey No.57/1, an

    extent Ac.0.51 cents covered by Survey No.57/2. And the learned trial

    Court has rightly relied on the judgment of the Apex Court which is

    squarely applicable to the facts of the present case. The mere failure of

    the defendants to contest is not sufficient ground to allow the

    application. The situation suggests that there is some collusion in
    11

    between the plaintiffs and defendants to decisive the subsequent

    purchaser. Therefore this Court sees any perversity or illegality in the

    order of the trial Court.

    11. Accordingly, the Civil Revision Petition is dismissed. There shall

    be no order as to costs.

    As a sequel thereto, Interlocutory Applications pending in both the
    cases, if any, shall stand closed.

    __________________________________
    JUSTICE TARLADA RAJASEKHAR RAO
    Date: 11.03.2026
    siva
    12

    THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

    CIVIL REVISION PETITION No.2871 of 2025

    Date: 11.03.2026

    siva



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here