SANTHAPURAM JANARDHAN REDDY Vs. REBBANAMONI ANAND

JUDGEMENT

(1.) This civil revision petition is filed by the petitioner against the order in I.A.No.926 of 2022 in O.S.No.23 of 2009 on the file of Junior Civil Judge, Pargi, wherein the petitioner filed the said I.A., under Order VI Rule 17 r/w.Sec. 151 of CPC, praying the Court to amend the plaint.

(2.) The petitioner is the appellant in O.S.No.23 of 2009 and he filed the suit for perpetual injunction claiming that he is the absolute owner of the suit property.

(3.) The respondents/defendants filed written statement stating that there is no existence of suit schedule property and registered sale deed is a fabricated one. He has also filed W.P.No.36986 of 2017 before this Court seeking direction to the Tahsildar, Kulakcherla Mandal for survey and fixing of Sy.No.137 of Veerapur Village and fixing of boundaries of the suit schedule property. The surveyor after issuing notice to all the land owners fixed the date as 3/2/2022 to fix the boundaries to Sy.No.137. It is their further contention that the Mandal Surveyor and Tahsildar colluded with the respondents and without surveying the land, prepared a false report. Basing on the report of Mandal Surveyor, Tahsildar gave a report to the Revenue Divisional Officer, Vikarabad and Mandal Surveyor has nothing to do with the possession of individuals. His duty is only to survey the suit land as per the directions but the Mandal Surveyor failed to discharge his duties and gave a false report stating that this petitioner is not in possession of the suit schedule property. Taking advantage of the false report of the Surveyor, the respondent dispossessed the petitioner/plaintiff from the suit schedule property and occupied high handedly on 1/3/2021. Due to the pandemic situation he could not file amendment petition seeking the relief of declaration of title and recovery of possession. As such prayed the Court to allow the amendment application.