KOLLA PARDHASARADHI Vs. SATYAVARAPU TRINADHA MURTHY

JUDGEMENT

(1.) The plaintiffs in the suit filed the above revision against the order dtd. 27/3/2024 in I.A.No.614 of 2023 in O.S.No.4 of 2015 on the file of learned Judge, Family Court -Cum- III Additional District and Sessions Judge, Srikakulam.

(2.) The plaintiffs initially filed O.S.No.4 of 2015 against defendants 1 to 5, i.e., the respondents herein, seeking partition of the plaint schedule properties. Pending trial, the plaintiffs filed I.A.No.591 of 2023 under Order I Rule 10 read of the Code of Civil Procedure, 1908 (for short 'C.P.C.') read with Rule 28 of the Civil Rules of Practice (for short 'Cr.P.C.') to implead Bandi Venkata Sreeramulu and Kolla Shirisha as defendants 6 and 7 and for consequential amendments. The said I.A. was allowed on 20/3/2024.

(3.) Subsequently, the plaintiffs filed I.A.No.614 of 2023 under Order VI Rule 17 of CPC read with Sec. 28 of Cr.P.C. seeking amendment of the plaint by incorporating paragraph 'e' in paragraph III, after the sub-paragraph "f", in the plaint. By way of the proposed amendment, the plaintiffs pleaded for the insertion of the following: 'the registered sale deed dtd. 22/4/2006 said to have been executed by the plaintiff and defendants 2 and 3 in favour of defendant No.1 in respect of item No.4 of the suit schedule property; registered settlement deed dtd. 17/5/2007 said to have been executed by defendant No.1 in favour of Kolla Shirisha in respect of item No.4 of the suit schedule property; registered General Power of Attorney -cum- sale agreement dtd. 7/4/2010 executed by plaintiff No.1 in favour of defendant No.4 in respect of item No.1 of the suit schedule property; registered sale deed dtd. 11/8/2011 said to have been executed by defendants 2 and 3 along with two minor sons of defendant No.3 in favour of Bandi Venkata Sreeramulu in respect of item No.1 of the suit schedule; registered settlement deed dtd. 7/7/2007 said to have been executed by defendant No.2 in favour of defendant No.3 in respect of items 1 to 3 of the suit schedule; registered sale deed dtd. 8/10/2012 said to have been executed by defendants 2 and 3 in favour of defendant No.5 in respect of item No.7 of the suit schedule, are not binding all the plaintiffs and the registered sale deed dtd. 4/5/2006 executed by plaintiff No.1 and defendants 2 and 3 in favour of defendant No.5 in respect of item No.5 of the suit schedule is not binding on plaintiffs 2 and 3 and to order for consequential amendment of the plaint'.