KOKA VENKATESWARULU Vs. ANKALA KANAKAMMA

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order dated 16-11-1990 made in LA. No.452/89 in A.S. No.35/88 on the file of I Additional District Judge, Krishna at Machilipatnam.

(2.) The unsuccessful-respondent in LA. No.452/89 in A.S. No.35/88 is the Revision Petitioner. The Revision Petitioner had filed the present Revision aggrieved by the order of the Court below allowing an application for amendment.

(3.) The facts in brief are that the Revision Petitioner is none other than the son-in-law of the respondent who is an old lady and she filed the suit for the relief of permanent injunction relating to immovable property on the ground that the Revision Petitioner had caused some obstruction. The defence taken by the Revision Petitioner was that though the property stands in the name of the respondent-plaintiff, consideration was paid by him and he was in possession of the property in his own right. The suit was no doubt, dismissed. But as far as the ownership of the respondent-plaintiff is concerned, it appears, it was upheld. Aggrieved by the said judgment, the respondent-plaintiff had filed A.S. No.35/88 on the file of I Additional District Judge, Krishna at Machilipatnam and also filed the present application LA. No.452/89 seeking amendment of the plaint praying for the alternative relief of possession. The application was stoutly resisted by the opposite party, but however the Court below after considering all the facts and circumstances had allowed the said amendment application LA. No.452/89 and aggrieved by the said order, the present Revision is filed.