Y. VENKATARAMANA REDDY Vs. SMT. D. JAYAMMA

JUDGEMENT

(1.) Aggrieved by the order, dated 24.03.2017, passed in I.A. No. 606 of 2016 in O.S. No. 43 of 2012 on the file of the II Additional District Judge, Madanapalle, wherein an application filed under Order 6, Rule 17 of C.P.C. seeking permission of the Court to amend the plaint was allowed, the present Civil Revision Petition came to be filed by defendant Nos. 1 and 2 under Article 227 of the Contitution of India.

(2.) The respondent/plaintiff filed O.S. No. 43 of 2012 seeking division of the plaint schedule property into two equal shares and to allot one such share to the plaintiff being her ancestral right and another 1/3rd share from out of the share of her father with metes and bounds by taking into consideration the good and bad qualities. Pending the said suit, I.A. No. 606 of 2016 came to be filed by the plaintiff to add one more item of the family property to the suit schedule property and to make consequential amendments therein.

(3.) A counter came to be filed by the petitioners stating that the property mentioned in O.S. No. 69 of 2016 is a separate property of first petitioner and that the same does not belonged to Yarlagadda Ramaiah, who was never in possession of the same. It was further stated that the said suit was decreed in favour of the 1st petitioner against the plaintiff and others directing them not to interfere with his peaceful possession and enjoyment of the over the property. It is also stated that without disclosing the said fact, the plaintiff filed the present application seeking amendment of the plaint.