KORA RAMA SUBBA REDDY Vs. MUSALREDDYJARI NARASIMHA REDDY

JUDGEMENT

(1.) The respondent herein had filed O.S.No.477 of 2021 before the III Additional Junior Civil Judge, Kadapa, for permanent injunction against the petitioners herein in relation to the suit schedule property. The suit schedule property was described as an extent of Ac.2.21 cents of land. The respondent had also filed I.A.No.385 of 2021 for temporary injunction. The petitioners had filed counters to the said application wherein the petitioners had pointed out that the extent of land set out in the schedule was incorrect as the petitioner was relying upon various deeds of sale to claim that he had purchased Ac.2.35 cents and that Ac.0.65 cents out of the said land had already been acquired by the Government leaving three bits of land with specific boundaries. The respondent having realised that he committed a mistake in description of the property in the suit schedule and the petition, had filed I.A.No.465 of 2021 for amendment of the plaint schedule and I.A.No.466 of 2021 for amendment of the petition schedule in I.A.No.385 of 2021. These applications were dismissed by the trial Court on 20/7/2021 on the ground that the mistake that occurred in the said description was not really a typographical mistake which can be permitted to be corrected.

(2.) The respondent had, thereafter, filed I.A.No.549 of 2021 under Order XXIII Rule 1 C.P.C., for leave to withdraw the suit and file a fresh suit with comprehensive reliefs. This application was filed by the respondent contending that the mis-description of the property in the suit schedule is a formal defect which would create a technical lacuna to prosecute the case and consequently the petitioner should be permitted to withdraw the suit with leave to file a fresh suit with comprehensive reliefs. This application was contested by the petitioners herein. The stand taken by the petitioners was that the respondent having failed to obtain an amendment to the suit schedule, cannot be permitted to seek withdrawal of the suit with leave and any such permission would lead to a second round of litigation. The trial Court after hearing both sides allowed the application on 13/08/2021.

(3.) Aggrieved by the said order, the petitioners have approached this Court by way of the present revision petition.