B RAJESHWAR RAO Vs. CHINTHA KUNTA NARSHIMHA REDDY

JUDGEMENT

(1.) The petitioner filed O.S. No. 187 of 2001 in the Court of the I Additional Senior Civil Judge, Warangal against the respondents for the relief of perpetual injunction in respect of the suit schedule property. At a later point of time, he filed LA. No.2110 of 2003 under Order 6 Rule 17 C.P.C. with a prayer to permit the amendment of the plaint for claiming the relief of specific performance of an agreement of sale. The trial Court allowed the LA. through order, dated 11-2-2002, directing the petitioner herein to deposit the entire consideration.

(2.) The respondents filed C.R.P. No. 1372 of 2002, aggrieved by the order of amendment and the petitioner filed C.R.P. No.2460 of 2002 complaining about condition as to deposit of the entire consideration. Through a common order, dated 13-11-2002, this Court allowed both the C.R.Ps. It was held that the Court of I Additional Senior Civil Judge, Warangal ought not to have dealt with the application inasmuch as allowing the application would result in enhancement of the value of the suit, which obviously, is beyond the pecuniary jurisdiction of that Court. It was also observed that the LA. together with the suit ought to have been returned to the petitioner herein, so that it could have been presented in the Court of the District Judge.

(3.) The suit, together with LA. was returned to the petitioner and thereafter, he presented the same to the Court of the Principal District Judge, Warangal. Through an order, dated 28-10-2003, the learned District Judge rejected the LA. on the ground that the relief claimed by the petitioner for specific performance of the agreement of sale is barred by limitation. The same is challenged in this C.R.P.