BAIRAM SUSHEELA Vs. PENDOTA RAMA RAJAIAH

JUDGEMENT

(1.) This revision petition is filed challenging the order dated 18-6-2003 passed by the learned I-Additional District Judge, Karimnagar in LA. No.297 of 1999 in A.S. No. 11 of 1997.

(2.) The respondent filed O.S. No.588 of 1988 in the Court of Principal District Munsif, Karimnagar against the petitioner and another for the relief of declaration of title and perpetual injunction in respect of 366.05 sq.yards of land out of Survey No.39, situated near District Head Quarters Hospital, Karimnagar. The Trial Court dismissed the suit through its judgment dated 27-1-1997. Aggrieved by the same, the respondent filed A.S. No.11 of 1997 in the Court of I Additional District Judge, Karimnagar. In that appeal, he filed LA. No.297 of 1999 under Order 6, Rule 17 CPC seeking permission to amend the plaint so as to incorporate the relief of recovery of possession. Through the order under revision, the Trial Court allowed the I.A., subject to payment of costs.

(3.) Learned Counsel for the petitioner contends that on dismissal of the suit for declaration of title and perpetual injunction, a valid right had accorded to the petitioner and it is impermissible to amend the plaint at this stage. He further contends that the plea of recovery of possession is also barred by limitation since the petitioner can be said to have perfected her title by way of adverse possession.