LAWS(APH)-2005-4-69

KORADA SRINIVASA RAO Vs. GURUPURU GOPALAMMA

Decided On April 27, 2005
KORADA SRINIVASA RAO Appellant
V/S
GURUPURU GOPALAMMA Respondents

JUDGEMENT

(1.) The defendant filed this revision petition under Article 227 of the Constitution of India against the order dated 24-3-2005 passed in I.A. No. 65 of 2005 in O.S. No. 28 of 2002 on the file of the Senior Civil Judge, Parvatipuram.

(2.) The first respondent/plaintiff filed the above suit in O.S. No. 28 of 2002 on the file of the Senior Civil Judge, Parvatipuram for partition and separate possession of the suit schedule properties contending that the plaintiff and the defendants are the Class-1 heirs of late Ramulu, and after demise of Ramulu they became the absolute owners of the properties, left over by late Ramulu stating that at the time of filing of suit since the plaintiff had no necessary information regarding survey numbers of the landed property owned and possessed by them, she could not include the said property in the schedule and in recent past having secured details of landed property, which are admittedly the joint family properties, she filed I.A. No. 65 of 2005 before the Civil Judge seeking amendment of the plaint and schedule appended to it by incorporating the said property in the plaint schedule.

(3.) The defendants contested the matter stating that the amendment filed is belated one and the plaintiff has not obtained necessary valuation certificates from the Sub- Registrar's office regarding value of the lands and the petition filed is only to protract the litigation and hence the same is liable to be dismissed.