ATLURI VENKATESWARA RAO Vs. ATLURI BULLI KOTESWARA RAO

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioner/plaintiff under Article 227 of Constitution of India against the orders passed by the learned Principal Junior Civil Judge, Gannavaram, in I.A.No.370 of 2016 in O.S.No.10 of 2015 dtd. 20/2/2017, wherein and whereby the learned trial Judge dismissed the petition filed by the petitioner/plaintiff under Order VI Rule 17 CPC seeking amendment of plaint said to be subsequent events occurred in the suit.

(2.) The case of the petitioner before the trial Court in brief is that he filed suit for injunction simplicitor against the respondent/defendant wherein he also sought for ad-interim injunction not to interfere boundary line wherein the respondent said to be received notice in injunction petition and also filed counter and written statement and he filed his chief examination affidavit and in the meanwhile the respondent with the help of his servants highhandedly laid pillars and iron fencing by encroaching plaint schedule property in the boundary lane towards north and western side. He submits that to substantiate his contention, he also filed photographs and Campac Disk to prove highhanded act of the respondent. He prays to amend the plaint seeking relief of mandatory injunction to remove the fencing towards north west side boundary of plaint schedule property.

(3.) For which respondent filed counter before the trial Court denying the averments in the affidavit of the petitioner. It is the contention of the respondent that the affidavit of the petitioner not disclosing circumstances contemplated under Order VI Rule 17 C.P.C. He submits that pillars and fencing on the north and west boundary of the schedule land was laid by him even by the date of filing of the suit and the petitioner came up with this petition to cover up the lacunaes in its pleadings. He prays to dismiss the petition.