D. SRIHARI Vs. D. NAGABHUSHANAM

JUDGEMENT

(1.) This revision is filed challenging the order dated 11.12.2018 in I.A.No.554 of 2018 in O.S.No.324 of 2010 passed by the XXV Additional Chief Judge, City Civil Court, Hyderabad whereunder an application filed by the petitioner/plaintiff under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908, for amendment of plaint was dismissed.

(2.) The petitioner/plaintiff instituted the aforesaid suit for partition and separate possession in respect of suit schedule A, B, C and D properties.

(3.) In the affidavit filed in support of the aforesaid application it was stated that his father late D. Narayana acquired the suit A, B, C and D schedule properties and registered the same in the name of his mother out of love and affection. His father has established a Saw Mill and Timber Depot in the year 1985 with his own earnings in the name and style of "M/s. Srihari Saw Mill and Timber Merchant". He obtained license from the Forest Department for running the saw mill, which was renewed every year. The respondent No.1 was the Kartha of the family after the death of his father on 16.02.1988. Thereafter, the petitioner and the respondents have jointly established and started business of "Sadguru Saintah Tent House" with joint family funds in Schedule B property. On 25.10.2007, when the petitioner was cross-examining the respondent No.1, he came to know about the will deed dated 24.01.2013 allegedly executed by his mother in favour of the respondent No.1 bequeathing all properties in his favour except cellar and ground floor portion of schedule B property, when a Photostat copy of the Will was confronted to him.