while the amendment prayer allowed by the trial Court , the trial Court is to afford an opportunityto both parties to adduce evidence both oral and documentary in connection with the future mesne profits and after hearing argumentsof both sides, pass an appropriate order in final decree petition.

while the amendment prayer allowed by the trial Court , the trial Court is  to afford an opportunityto both parties to adduce evidence both oral and documentary in connection with the future mesne profits and after hearing argumentsof both sides, pass an appropriate order in final decree petition.

AP HIGH COURT

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

CIVIL REVISION PETITION No.333 of 2021

Sadhu Annapoornamma

-vs-

Pelluri Venkata Hanumanth Krishna Murthy Sarma

ORDER:

The challenge in the Civil Revision Petition is to the order

dated 09.03.2021 in I.A.No.168 of 2021 in I.A.No.565 of 2011 in

O.S.No.30 of 2002 on the file of the II Additional District Judge,

Vijayawada, allowing I.A.No.168 of 2021 and amending the prayer

and incorporating the words ‘future mesne profits’ in the place of

‘past mesne profits’ wherever they occur in I.A.No.565 of 2011.

2. Heard learned counsel for the Petitioners Sri Gudiseva

Narasimha Rao and learned counsel for the respondent Nos. 1 and 2

Sri S. Satyanarayana Murthy.

3. The main submissions of learned counsel for the petitioners is

that the petitioners have no objection for allowing I.A.No.168 of 2021

and amending the prayer incorporating the words ‘future mesne

profits’ in the place of ‘past mesne profits’. However, the petitioners’

submission is that since in I.A.No.565 of 2011 prayer was made in

respect of past mesne profits, taking the prayer as such, evidence was

adduced with reference to the past mesne profits only and no evidence

was adduced in connection with the future mesne profits, because

there was no prayer in that regard. Learned counsel would thus

request that the order in I.A.No.168 of 2021 may be modified and

while allowing the amendment, the trial Court may be directed to

afford an opportunity to both parties to adduce evidence with 

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CRP No.333 of 2021

reference to the future mesne profits also for effective disposal of the

matter.

4. Learned counsel for the respondents Sri S. Satyanarayana

Murthy reported no objection.

5. Accordingly, this Civil Revision Petition is partly allowed and

the order in I.A.No.168 of 2021 passed by the trial Court is modified

to the effect that while the amendment prayer allowed by the trial

Court is maintained, the trial Court is directed to afford an opportunity

to both parties to adduce evidence both oral and documentary in

connection with the future mesne profits and after hearing arguments

of both sides, pass an appropriate order in final decree petition. No

costs.

As a sequel, interlocutory applications, if any pending, shall

stand closed.

U. DURGA PRASAD RAO, J

20th March, 2021

krk 

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CRP No.333 of 2021

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

CIVIL REVISION PETITION No.333 of 2021

 20th March, 2021

krk