SURAVARAPU VENKATA SURYANARAYANA Vs. KONDASU SUBBA LAKSHMI

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dtd. 6/3/2019 passed in I.A.No.717 of 2018 in O.S.No.1020 of 2014 on the file of the Court of III Additional Senior Civil Judge, Kakinada.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(3.) The respondent Nos.1 to 3 herein filed the suit i.e., O.S.No.1020 of 2014 on the file of the Court of the III Additional Senior Civil Judge, Kakinada against the defendant, who is the petitioner herein, seeking for partition of the plaint schedule property, decree for separate possession of the allotted shares of the plaintiffs and the consequential permanent injunction restraining the defendant from alienating the schedule property. The petitioner herein, who is the defendant in the suit, contested the suit by filing the written statement stating that the plaintiffs are not entitled for such partition and it is the property belongs to him. In this matter, trial was conducted, the parties adduced their evidence, the written arguments were filed by both the sides and the matter was reserved for judgment. At that stage, the defendant filed I.A.No.717 of 2018 in O.S.No.1020 of 2014 before the Court of III Additional Senior Civil Judge, Kakinada under Order VI Rule 17 of the Code of Civil Procedure, 1908, to permit him to add Para 8-A in the written statement to incorporate alternative pleading to the effect that the plaint schedule property was devolved on him by virtue of a Will dtd. 12/8/2013 executed by his father and permission to make the consequential amendments.