ANKAM GOVINDAMMA Vs. SYED SHAFEEULLAH

JUDGEMENT

(1.) This CRP is filed by the petitioner/defendant aggrieved by the order dated 22.02.2018 in I.A.No.86 of 2018 in O.S.No.8 of 2012 passed by the Principal Junior Civil Judge, Deverakonda, dismissing the application filed by the defendant under Order VI Rule 17 CPC seeking to amend the written statement by adding the plea of adverse possession.

(2.) Heard.

(3.) At the outset I find no illegality or perversity in the order impugned. The Trial Court dismissed the application on two main observations, firstly, that the petition is a belated one in the sense, the suit was filed on 04.01.2012, written statement was filed on 09.04.2012 and the I.A.No.86 of 2018 seeking amendment of written statement was filed on 17.02.2018 at the stage when the suit was posted for crossexamination of PW.1 and the petitioner has not shown any bonafides as she has not submitted satisfactory explanation for the delay of nearly six(6) years in filing the petition. Secondly, it was observed that originally in the written statement the defendant took the plea that she is the owner of the suit schedule property and now she wants to introduce an inconsistent plea of adverse possession which is impermissible.