SHAIK YAKOOB AHMED Vs. SHAIK BASHEER AHMED

JUDGEMENT

(1.) THE petitioner filed O. S. No. 30 of 2002 in the Court of IV Additional district Judge, Warangal, against the respondents, for the relief of partition and separate possession of the suit schedule properties. The trial of the suit is yet to commence. He filed I. A. No. 1365 of 2006 under Order VI Rule 17 C. P. C. with a prayer to permit him to amend the body of the plaint as well as the prayer portion. One of the proposed amendments is about the correction of house numbers in item No. 4 of B-schedule. The petitioner also intended to incorporate the prayer for a decree of administration and other ancillary reliefs. The application was opposed by defendant No. 2. The trial Court dismissed the I. A. through its order, dated 11. 09. 2007. Hence, this Civil Revision Petition.

(2.) SRI Ghanshyamdas Mandhani, the learned counsel for the petitioner submits that the old house numbers in item No. 4 of B-schedule were correctly mentioned but in mentioning the corresponding new numbers, some mistake has crept in and that the petitioner intends to rectify the same. He further contends that the relief claimed by the petitioner for a decree of administration is permissible in law and that the trial Court ought to have permitted the petitioner to raise the same for effective resolution of the disputes.

(3.) THOUGH the contesting respondents were served, they have not chosen to enter appearance.