SHAIK PEDA ADAM Vs. SHAIK ADAM

JUDGEMENT

(1.) This revision petition is directed against the Order dated 21-9-1992 allowing the amendment petition of the plaintiffs in I.A. No.2125 of 1992 in O.S. No.117 of 1984 on the file of the Court of the Principal District Munsif, Ongole.

(2.) The defendants, who opposed unsuccessfully, are the petitioners. The said suit was instituted seeking relief of permanent injunction and mandatory injunction. Plaintiffs and the defendants are the neighbours having house properties. The plaintiffs' complaint is that windows and ventilators were illegally and unlawfully opened by the defendants into the property of the plaintiffs intruding their rights and as such mandatory injunction was sought for, to close the same. Preventive relief of permanent injunction was sought for restraining the defendants from laying the latrine pipe in portion marked P-2, P-3,P-4 and P-5.

(3.) Advocate-Commissioner was appointed to inspect the suit property. In the course of inspection, it was found that a channel was there constructed by the defendants. Then a petition in I.A. No.2125 of 1992 under Order VI Rule 17 CPC was filed seeking amendment of the plaint incorporating a relief for the grant of mandatory injunction to close that channel also. It is not disputed that the channel was existing even before. Even computing the time from the date of the report of the Advocate-Commissioner, three years lapsed in the year 1987, while the petition for amendment was filed in the year 1992. The amendment petition was contested; but, it was allowed even while holding that the petition was belated and that the relief was time barred. But, the Court below, however, felt that will be considered at the time of disposal of the suit and that the delay caused can be compensated by awarding costs of Rs.50/-. The defendants, aggrieved by the said order, preferred this revision petition.