MANDA YADAIAH Vs. THOOMUKUNTLA KARUNAKAR REDDY

JUDGEMENT

(1.) THE respondents filed O. S. No. 17 of 2006 in the Court of Senior Civil judge, Jangaon, against the petitioners for recovery of possession of the sit schedule property. According to them, their predecessor in title, by name, Somi Reddy, was the absolute owner, and after his death, they have succeeded to his interests. The petitioners, on the other hand, pleaded that they purchased the suit schedule property from Somi Reddy, and thereby, acquired title. The trial of the suit commenced, and it is at the stage of arguments. Petitioners filed LA. No. 74 of 2008, under Order VI rule 17 C. P. C. , to permit them to amend the written statement. The purport of the amendment was, to supplement the details of the acquisition of their title through Somi reddy. Through its order dated 26. 3. 2008, the trial Court dismissed the I. A. Hence, this C. R. P.

(2.) SRI D. V. Chalapathi Rao, learned counsel for the petitioners, submits that the necessity for his clients to file the I. A. had arisen, on account of the fact that the respondents pleaded fraud on the part of the petitioners, in getting the mutation of entries in the revenue records. He contends that neither any inconsistent, nor any new plea was sought to be raised through amendment, and no prejudice would have resulted to the respondents, in case the I. A. was allowed. He places reliance upon the judgments of the Supreme Court in Baldev singh v. Manohar Singh, 2006 (6) ALD 29 (SC) = AIR 2006 SC 2832 and Usha balashaheb Swami v. Kiran Appaso swami, 2007 (5) ALD 79 (SC) = AIR 2007 sc 1663.

(3.) SRI K. Raghuveer Reddy, learned counsel for the respondents, on the other hand, submits that the LA. was filed at the final stage of the suit, with the only objective of protracting the litigation. He contends that when the main plea, as to the alleged transfer of the suit schedule property from somi Reddy, was taken in the written statement, there was absolutely no necessity to supplement the details thereof, by way of amendment.